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Statutes and Cases Flashcards

(49 cards)

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1
Q

Proudfoot v Hart

A

An appropriate standard of repair is one that considers the age, character and location and is suitable for the class of the tenant that can reasonably be expected to occupy

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2
Q

Street v Montford

A

A licence is not a licence just because it says licence

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3
Q

Aslan v Murphy

A

A landlord having a key for the purpose of repairs/cleaning does not undermine exclusive possession if they never intend to use it

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4
Q

AG Securities v Vaughn

A

Need 4 unities to have a lease in a joint tenancy:

Posession
Interest
Title
Time

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5
Q

Antionades v Villiers

A

Exclusive possession is not undermined if there is no logical way of doing so e.g. studio flat

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6
Q

Section 3 LTA 1927

A

Allows tenants to carry out improvements even if expressly denied in lease:

must apply in court, must be reasonable and suitable, must be an improvement (lambert v woolworth), must not damage value of another of the landlord’s property

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7
Q

Thursby v Plant

A

A tenant under an old lease is liable on its covenants for the whole lease term

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8
Q

Section 79 LPA 1925

A

Original Tenant of old lease is liable for the whole lease term

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9
Q

Section 141 and 142 LPA 1925

A

Incoming landlord of new lease can sue/be sued on covenants that have reference to the subject matter of the lease

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10
Q

Section 3 and 5 LT (Covenants) Act 1995

A

Incoming Tenants on a new lease are automatically bound on leasehold covenants

Outgoing Tenants on a new lease are automatically released on leasehold covenants

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11
Q

Section 19(1)(a) LTA 1927

A

Qualified alienation covenants are automatically upgraded

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12
Q

Section 19(1)(a) LTA 1927

A

Qualified alienation covenants are automatically upgraded

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13
Q

Iqbal v Thakar

A

Its reasonable to withhold approval for improvements that require structural changes

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14
Q

Hui Chiao v Chiapua

A

A covenant “touches and concerns” the land if it affects the landlord in their capacity as landlord and the tenant in their capacity as tenant

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15
Q

Section 19(2) LTA 1927

A

Qualified alteration covenants are automatically upgraded

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16
Q

Moss Bros Group plc v CSC Properties

A

Its reasonable to withhold approval for assignment if the incoming tenant will break an established tenant mix policy

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17
Q

Ashworth Frazer v Gloucester City Council

A

Its reasonable to withhold approval for assignment if the new tenant would break a user covenant

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18
Q

International Drilling

A

It is unreasonable to withhold approval when:

  • its not to do with L+T relationship
  • increases landlord’s power
  • detriment to tenant is worse than benefit to landlord
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19
Q

Section 1 LTA 1988

A

Landlord has a duty to respond to an assignment request in a reasonable time

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20
Q

Dong Bang Minerva

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A

Reasonable time to respond to assignment request is 28 days

21
Q

Section 19 (1A) LTA 1927

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A

For new leases:

It should be defined upfront what will be automatically reasonable grounds to refuse assignment

22
Q

Section 16 LT(C) Acts 1995

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A

Landlord has the right to request an AGA

23
Q

Section 19(3) LTA 1927

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A

Landlord cannot charge for accepting a change of use request
(except where it involves structural adjustment)
Can claim compensation

24
Q

Section 18 LTA 1927

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A

Statutory Cap on damages

- limited to the diminution in the value of the reversion

25
Section 146 notice
``` Served to any break in tenant covenant (other than NPR) Must define: Nature of the breach Time tenant has to fix it If landlord is claiming any compensation ```
26
Special 146 notice
Repairs, where lease is over 7yrs with 3 yrs left to run Allows tenant to serve a counter notice
27
Jervis v Harris
Self Help Clause
28
Payne v Haine
Tenant might have to repair in a better condition than they found it
29
Proudfoot v Hart
The appropriate standard of repair is to the age, character and locality would make them reasonably fit for the class of tenant that would take them
30
Section 17 notice
Served when enacting rights against a former tenant
31
1954 Section 42
Act excludes certain businesses = mining, agriculture and residential
32
1954 Section 43
Act excludes short tenancies | - 12 month rule
33
1954 Section 38
How to contract out of the act | - simple declaration OR statutory declaration
34
Section 24
Details protection of the act: - Right to request a new lease - Right to remain in occupation
35
Section 25
Landlord friendly/hostile notice | - 6-12 months before CED
36
Section 26
Tenant notice it wishes to renew lease
37
Section 27
Tenant does not want to renew lease 1) Already out of occupation (not protected) 2) Planning to leave, needs 3 months notice
38
Section 30
Landlords grounds for refusal: a) breaking repair covenant b) breaking rent covenant c) other substantial covenant breach d) suitable other accommodation e) current sublet of part, planning to sublet whole f) demolition/structural renovation g) owner occupation - 5yr rule efg = compensation
39
Section 30
Landlords grounds for refusal: a) breaking repair covenant b) breaking rent covenant c) other substantial covenant breach d) suitable other accommodation e) current sublet of part, planning to sublet whole f) demolition/structural renovation g) owner occupation - 5yr rule efg = compensation, 1 or 2 x RV
40
Beanby Estates v Egg Stores
Notice is deemed served when it is posted
41
Section 23
Methods of Service
42
Section 33
New lease if ordered by court will be 15yrs
43
Section 34
New rent will be market rent
44
Grounds to tenant for landlord breach of repair
- specific performance - damages - appoint a receiver - common law right to self help
45
Ground to landlord for tenant breach of repair
- Self help clause - jervis v harris - Repairs Act - special 146 notice - Forfeiture - Sue for damages
46
Ground to landlord for tenant breach of rent
- Forfeiture - Bankruptcy (5,000) - Statutory Demand (750) - Commercial Rent Arrears - Rights against an old tenant - s.17 - Sue for debt
47
When are pre-conditions for sub-letting fair
When they don't try to govern identity of new tenant
48
Define an upwards only rent review using a hypothetical letting
It is a re-valuation of rent based on what rent would be paid for property if it were re-let afresh on the market on the review date
49
Which grounds of s.30 are discretionary, which are mandatory
a-c and e are discretionary d, f and g are madatory

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