Breach of Repair Covenant Flashcards
(12 cards)
What is required before a landlord can forfeit a lease due to disrepair?
A. Section 146 notice
B. No notice is required
C. Tenant consent
D. Court proceedings only
A. Section 146 notice
Explanation: A landlord must serve a Section 146 notice before forfeiting a lease for breaches other than non-payment of rent.
What does the Leasehold Property (Repairs) Act 1938 require if the tenant serves a counter-notice?
A. Landlord must waive forfeiture
B. Court must set a repair timeline
C. Landlord must seek court leave to continue
D. Tenant must vacate within 28 days
C. Landlord must seek court leave to continue
Explanation: If the tenant serves a counter-notice under LPRA 1938, the landlord needs court permission to proceed with forfeiture or a claim for damages.
What is the usual measure of damages for a repair breach in lease law?
A. Loss in value of the landlord’s reversion
B. Loss of profit from the tenant’s business
C. Market rental shortfall
D. Full cost of repairs
A. Loss in value of the landlord’s reversion
Explanation: Damages for disrepair are based on how much the property’s value has dropped, not how much repairs cost.
What does a Jervis v Harris clause allow the landlord to do?
A. Waive forfeiture rights
B. Charge double rent
C. Enter, repair, and recover full costs as debt
D. Evict the tenant without notice
C. Enter, repair, and recover full costs as debt
Explanation: This clause allows landlords to avoid court by doing the repairs themselves and claiming the cost from the tenant.
A landlord serves a Section 146 notice on a tenant with a 10-year lease (4 years remaining). What can the tenant do under LPRA 1938?
A. Apply for immediate relief
B. Ignore it
C. Serve a counter-notice within 28 days
D. Demand a rent reduction
C. Serve a counter-notice within 28 days
Explanation: A tenant with a lease of more than 7 years and at least 3 years left can serve a counter-notice, requiring the landlord to seek court permission.
The landlord uses a self-help clause and spends £10,000 on repairs. The property value fell by only £1,000. How much can the landlord recover?
A. £1,000
B. £10,000
C. £5,000
D. Nothing
B. £10,000
Explanation: Under Jervis v Harris, the landlord recovers the actual cost as a debt, not limited to reduction in property value.
A landlord accepts rent after discovering an unlawful underletting. What legal consequence follows?
A. Implied surrender
B. Waiver of forfeiture
C. Automatic relief
D. Statutory eviction
B. Waiver of forfeiture
Explanation: Accepting rent with knowledge of breach waives the landlord’s right to forfeit for that breach.
The landlord applies for specific performance after a tenant fails to repair the premises. What is the court likely to do?
A. Grant specific performance automatically
B. Order rent review
C. Refuse the remedy as it’s rarely used for repair
D. Require the tenant to leave
C. Refuse the remedy as it’s rarely used for repair
Explanation: Courts rarely grant specific performance for repair breaches unless no alternative remedy exists.
What must a landlord include in a Section 146 notice relating to disrepair under LPRA 1938?
A. Amount of damages sought
B. Tenant’s right to serve a counter-notice
C. Estimated loss of value
D. Request for payment plan
B. Tenant’s right to serve a counter-notice
Explanation: LPRA 1938 requires tenants be informed of their 28-day right to respond and block action.
What is a key procedural hurdle before suing for damages for disrepair?
A. Giving the tenant 3 months’ notice
B. Paying for the repairs first
C. Serving Section 146 and allowing 28 days for counter-notice
D. Sending a reminder letter
C. Serving Section 146 and allowing 28 days for counter-notice
Explanation: The landlord must serve a Section 146 notice and wait 28 days before issuing proceedings.
Why is forfeiture for a repair breach often avoided by landlords?
A. It always results in compensation
B. The process is too fast
C. It requires proof of full structural failure
D. It is procedurally complex and tenants can block it
D. It is procedurally complex and tenants can block it
Explanation: LPRA 1938 allows tenants to counter-notify, triggering the need for court permission.
A lease has no Jervis v Harris clause. What is the landlord’s best fallback remedy?
A. Seek an injunction
B. Claim double rent
C. Apply for specific performance
D. Serve a rent review notice
C. Apply for specific performance
Explanation: Though rarely granted, this may be available where the lease lacks other remedies like forfeiture or self-help.
