Property Law First Term - LEASEHOLD COVENANTS Flashcards Preview

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Flashcards in Property Law First Term - LEASEHOLD COVENANTS Deck (65):
1

Southwark LBC v Mills on LC 1

Lawful possession will not be interfered with, not condition of premises

2

Where are AGAs covered under LT(C)A?

S.16

3

What case showed a tenant under a yearly tenancy is not liable for 'fair wear and tear'?

Haskell v Marlow

4

What statute and what section outlines the procedure for a landlord for forfeiture?

S.146(1) LPA

5

S.149(1) and (2) LPA

Rules for forfeiture and relief for tenant

6

Warren v Keen on TC2

'Tenant-like mannner'

7

What LC Report prompted LT(C)A?

Report No.174

8

LC for quiet enjoyment always arises

Budd-Scott v Daniel

9

Why is it hard to directly enforce covenants against sub-tenants?

No privity of contract OR estate

9

Who showed that the extent of an obligation not to commit waste depends on the character of the tenancy?

Gray and Gray

10

What is forfeiture controlled by?

Commonhold and Leasehold Reform Act 2002

11

Term in contract requiring existing guarantor to guarantee TA is void

Good Harvest v Centaur

12

First penthouse v Channel Hotels

Need intent to be annexed to tenancy or reversion for term to bind successor

12

Distress and commercial rent arrears

Ancient feudal remedy

12

What statute limits damages to amount landlord's interest has diminished

Landlord and Tenant Act 1927

13

Good Harvest v Centaur

Obligation requiring existing guarantor to guarantee obligations of TA is void

14

Budd-Scott v Daniel

LC for quiet enjoyment always arises

14

What were the two problems pre-1996?

Continuing contractual liability and touch and concern

14

If TO wants to enforce obligation against TA4, what procedures and rights come from it?

Problem notice in s.17 and allow overriding lease under s.18

15

Who said a 'chance was missed... to establish the 1995 Act as a self-contained scheme', and is another 'example of piecemeal intervention'?

Dixon

16

What Report of the Law Com recommended that the obligation not to commit waste be replaced by obligation to 'take reasonable care'?

Report No.238

18

What shows a reluctance to abandon touch and concern in First Penthouse?

Said expressed to be personal or by substance it is

20

Where does the 'touch and concern' requirement come from?

Spencer's Case

22

What are the two privity principles in leasehold covenants?

Privity of contract and of estate

23

Re King

Assignor used to lose right to sue for breach prior to assignment

24

When is forfeiture available after leasehold covenant breach?

Supposedly available for all

25

What section of LT(C)A solves 'touch and concern' issue?

S.3, expressed to be personal

26

Need intent to be annexed to tenancy or reversion for term to bind successor

First penthouse v Channel Hotels

26

Leasehold Property (Repairs) Act 1938

requires a notice to be given for leases of 7 years or more with 3 years left before action for damages

27

What is an action for damages limited by in leasehold covenants?

Amount L's interest has been diminished

28

What section of the LT(C)A ensures anti-avoidance procedures do not work?

S.25

29

What are the three contractual remedies for breach of an LC?

Damages, injunction and specific performance

30

How can covenants be enforced against a sub-tenant?

S.3(5) Landlord and Tenant (Covenants) Act 1995

30

What are the three overriding remedies for breach of a covenant?

Contractual, distress for arrears of rent and forfeiture

32

Warren v Keen on TC1

'Little jobs... which a reasonable tenant would do'

32

What statute and what section outlines relief for tenant to forfeiture?

S.146(2) LPA

34

London Diocesan v Phithwa

Head lease

35

What is an action for damages available for in leasehold covenants?

Everything except rent

36

Can breach LC2 by failing to prevent nuisance by other tenants, making the premises materially less fit for purpose

Chartered Trust v Davies

37

Why was it decided in London Diocesan that the head leasor was not liable after assignment?

Created own exit route; s.25, 6 and 8 not meant to override any decided exit route

38

If lease is another type of periodic (not fixed term or yearly) what is the tenant liable for under 'no waste' TC?

No wilful/negligent damage but without express contact no express duty to keep in repair, just a 'tenant-like manner' (Warren v Keen)

39

Landlord and Tenant Act 1927

Limits damages to amount landlord's interest has diminished

40

What are the restrictions on action for arrears of rent?

6 years rent (s.17 limitation act 1980)

41

What statute requires a notic to be given for leases of 7 years or more with 3 years left before action for damages?

Leasehold Property (Repairs) Act 1938

42

What happens to the sub-lessee if a tenant, who has created the sub-lease, ends his lease?

Nothing

44

What is required for an action for damages in leasehold covenants if the lease if for more than 7 years with at last 3 left?

A notice (Leasehold Property (Repairs) Act 1938)

44

Core term can be expressed to be personal

BHP Petroleum v Chesterfield

45

What are the three Landlord covenants?

Quiet enjoyment, no derogation from grant and fitness for human habitation

46

If lease is a yearly tenancy, what is the tenant required to do under 'no waste'?

Fix voluntary waste but only permissive if he fails to weatherproof property. Not liable for 'fair wear and tear' (Haskell v Marlow)

48

K/S Victoria v House of Fraser

Can create chain of indemnity through AGA

49

tenant under a yearly tenancy is not liable for 'fair wear and tear'

Haskell v Marlow

50

What Report of the LC recommended the obligation not to commit waste be replaced by implied covenant to 'take proper care'?

Report no.238

52

Assignor used to lose right to sue for breach prior to assignment

Re King

53

What are the two tenant covenants?

No waste and 'tenant-like manner'

54

Birmingham v Ross on LC2

Can't take away means of enjoying that which has been given

55

If it is a fixed term of years, what is the tenant liable for in 'no waste'?

Liable for voluntary and permissive damage, and any repairs not LO's responsibility

57

Injunction and specific performance for leasehold covenants?

Against certain breaches, and SP only exceptionally

58

Can't take away means of enjoying that which has been given

Birmingham v Ross on LC2

59

BHP Petroleum v Chesterfield

Core term can be expressed to be personal

60

Southwark LBC v Mills on LC2

Little difference between LC1 and LC2

61

Chartered Trust v Davies

L can breach LC2 by failing to prevent nuisance of other tenants that makes premises materially less fit for purpose

62

What sections of the LT(C)A allow a tenant and landlord to be released from covenants?

S.5 (tenant) and s.6 and s.8 (landlord)

63

Mellor v Watkins

Cannot terminate sub-lease by tenant quitting or lease ending

64

Dawson v Dyer

Individual obligation of LC1 without precondition

65

Smith v Marrable

Furnished premises must be fit for habitations