Obligations in Leases

Question 1

What are covenants in leases?

Answer 1

These are contractual requirements on both the landlord and tenant, refers to the terms and conditions of the lease.

Question 2

Do you need to pay rent in a lease?

Answer 2

Yes, required in every lease, if you don’t pay rent then its impossible to have a lease. You would have a licence. Even a 999 year long lease requires a nominal sum each year.

Question 3

What is Quiet Enjoyment?

Answer 3

A leaseholder entitled to use the property in a way which recognises

Question 4

What happened in Lavender v Betts? Quiet enjoyment case

Answer 4

In order to access the property while the tenant was away the landlord would remove the door. This was he,d to be a breach of quiet enjoyment

Question 5

What happened in Kenny v Preen? Quiet enjoyment.

Answer 5

The landlord sent people to the house to intimidate the tenant to leave the property. This was held to be a breach of the covenant.

Question 6

What happened in Deane v Evangelou? Quiet enjoyment

Answer 6

Tenants possessions were thrown out onto the street and a big man blocked entry into the property. HELD- breach of quiet enjoyment. Landlord paid exemplary damages under the principle of equity. Breached the covenant of quiet enjoyment.

Question 7

What did the court say about excessive noise in Southwark v Mills?

Answer 7

The court said covenant should not be read literally but excessive noise may amount to a breach of the covenant. It is such that it prevents you from using the property for the purposes intended. Lord Hoffman- the interference need not be direct or physical. Normal activity would not amount to a breach. The court is looking for a sustained form interference over a sustained period of time.

Question 8

If you breach a covenant can the tenant get a remedy? What remedies may be available? How must the tenant behave to get this? In the exam do you state which remedy is available and state why over others?

Answer 8

Yes. Any breach of covenant leads to a remedy such as an injunction, specific performance or damages. All remedies are equitable, therefore the tenant must show that they have behaved in an appropriate way to be entitled to a remedy.

Question 9

What happens if a landlord engages in acts which undermine the purpose of the lease? What is the principle?

Answer 9

This is similar to a breach of quiet enjoyment. The principle is a man may not give with one hand and take with another.

Question 10

How does a rent review operate, what must the landlord do?

Answer 10

1. Landlord gives notice that he will be seeking a new and higher rent, notice served some time before it becomes payable.
2. The tenant accepts the new rent or makes a counter-proposal
3. If the parties cannot agree the new rent, the matter is referred to an arbitrator. Royal institution chartered one.

Question 11

Covenants within leases either do what 3 things?

Answer 11

1. Place liability to repair the property on the landlord
2. Place liability to repair on the tenant
3. Divide the responsibility between the landlord and tenant. External vs internal repairs.

Question 12

If the parties have not expressly agreed on the issue of repairs what statute kicks in?

Answer 12

The landlord and tenant act 1985 applies.

Question 13

What are the rules of repair under the landlord and tenant act 1985?

Answer 13

1. A fixed term lessee is liable for permissive waste. He must maintain the property in the condition it was in at the commencement of the lease.
2. A periodic tenant is under no liability to repair but must use the property in a responsible manner.

Question 14

What did Barrett v Lounova establish regarding repair duties on the landlord?

Answer 14

It was held that the landlord is under obligation to keep common parts of the property in good repair such as lifts and staircases.

Question 15

What does the Landlord and Tenant Act 1985 outline? Can the landlord exclude parts of the act?

Answer 15

Outlines the responsibilities of the landlord. No. However, the tenant can agree to take on more burden subject to the approval of the court.

Question 16

What is section 8-10 Landlord and Tenant 1985 about and is it still relevant?

Answer 16

It is outdated. It applies to lettings which are not more than £52 per annum. £80 per annum within London.
It doesn’t apply to lettings for 3 or more years. Section 8- a dwelling must be kept fit for human habitation. Limited protecting offered.

Question 17

What is section 11-14 Landlord and Tenant Act 1985?

Answer 17

Applies to all lettings of dwellings for maximum 7 years.
It can apply to lettings for more than 7 years if the landlord has an option to terminate within the first 7 years.
Keep in repair the structure of the exterior of the house (drains, gutters and external pipers)
Keep in repair and proper installations in the home the supply of water, gas and electricity.

Question 18

What constitutes as structure? What case?

Answer 18

Re Irvine’s Estates v Moran- structure is not confined to load bearing parts. It must be materially significant to the property which includes Windows, window frames. Internal plastering does not count.

Question 19

What constitutes a breach of section 11-14? Lee v Leeds City Council?

Answer 19

The CA said condensation and mould indoors as a result of a design fault did not amount to a breach of section 11-14. Not the responsibility of the landlord as it was present since the beginning of the tenancy.

Question 20

What happened in Quick v Taff-Ely?

Answer 20

The landlord is only liable if there was physical damage to the property or to the possession of the tenant. The landlord could be held responsible under section 11-14 Landlord and Tenant Act 1985. No damage since it was only mould.

Question 21

If you have exclusive possession can you rely upon the provisions of section 11-14 landlord and tenant act 1985?

Answer 21

Yes. This is the protection for tenants under statute.

Question 22

What is the crucial principle in O’Brien v Robinson?

Answer 22

A landlord is only liable for disrepair if either he knows of the need for repair or has had information about the existence of a defect such as would put him on enquiry as to whether works of repair were needed. It is up to the tenant to inform the landlord of any need for repair. Reciprocal.

Question 23

Under the O’Brien v Robinson principle is there imputed notice?

Answer 23

Yes. If an agent is told by the tenant, the landlord is assumed to be aware of the need for repair.