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Quiz von nathan_hutchings, aktualisiert more than 1 year ago
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Erstellt von nathan_hutchings
vor etwa 11 Jahre
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Frage 1
Frage
The covenant
Antworten
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Contractual terms contained in a lease
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Implied covenants
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Express covenants
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Estate in land
Frage 2
Frage
Implied covenants
Antworten
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Plug gaps when parties fail to agree expressly
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Common Law or Statute
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Implied covenants always prevail of express covenants
Frage 3
Frage
Examples of L’s covenants implied by common law
Antworten
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Covenant for quiet enjoyment
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Covenant to keep common parts in reasonable repair
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Covenant to pay rent, rates and taxes
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Covenant to allow L to discharge his repairing obligation
Frage 4
Frage
Examples of T’s covenants implied by common law
Antworten
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Covenant to pay rent, rates and taxes
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Covenant to allow L to discharge his repairing obligation
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Covenant for quiet enjoyment
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Covenant to keep common parts in reasonable repair
Frage 5
Frage
Covenants implied by statute
Antworten
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Improve minimum standard of protection provided for L and T by common law
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Can usually override express agreement of parties (note contrast with covenants implied by common law)
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Express agreements always prevail
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Most statutes which imply terms provide that parties cannot contract out by express agreement
Frage 6
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Express covenants
Antworten
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Expressly agreed between the parties as result of negotiations
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In commercial context L and T can often afford to appoint solicitors and leases can be lengthy and complex
Frage 7
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Typical express covenants
Antworten
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Rent
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Rent review
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Repair
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User
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Alterations
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Alienation (assignment and subletting)
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Covenant for quiet enjoyment
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Covenant to keep common parts in reasonable repair
Frage 8
Frage
Repairs
Antworten
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Parties free to allocate responsibility as they please
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Parties not free to allocate responsibility as they please
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L solely responsible (likely to recover cost from T through service charge)
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T solely responsible
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L and T share responsibility – most common arrangement : – L repairs structure and exterior (likely to recover costs through service charge) - T repairs interior
Frage 9
Frage
Most common arrangement for repairing covenant
Antworten
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L solely responsible (likely to recover cost from T through service charge)
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T solely responsible
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L and T share responsibility – most common arrangement : – L repairs structure and exterior (likely to recover costs through service charge) - T repairs interior
Frage 10
Frage
Steps for disrepair?
Antworten
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1) First identify physical extent of premises to which repairing covenant extends
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2) First identify physical extent of premises to which repairing covenant extends
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2) Is there disrepair? Must be deterioration from a previous physical state
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1) Is there disrepair? Must be deterioration from a previous physical state
Frage 11
Frage
Windows - not deteriorated from previous physical state
Antworten
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Lace v Chantler
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Walsh v Lonsdale 1882
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Quick v. Taff Ely B.C.
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Aslan v Murphy
Frage 12
Frage
What is the standard of repair?
Antworten
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Guidance in the lease as to the standard of repair
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No guidance in the lease as to the standard of repair
Frage 13
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‘fair wear and tear’ exception
Antworten
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natural deterioration
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T not liable for such damage if there is a fair wear and tear exception
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T liable for such damage if there is a fair wear and tear exception
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Has to be expressed in the repairing covenant
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Implied in repairing covenant
Frage 14
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This will define standard of repair by reference to condition of property at start of lease
Antworten
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schedule of condition
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schedule of dilapidations
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‘fair wear and tear’ exception
Frage 15
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Standard of repair when lease does not give guidance
- put premises into state of repair contemplated by covenant
and then to
- keep premises in repair
Antworten
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Proudfoot v Hart (1980)
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Quick v. Taff Ely B.C. [1986]
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Aslan v Murphy
Frage 16
Frage
Implication of ‘reasonableness’ requirement
- L must act reasonably when carrying out repairs
- T cannot insist that works undertaken more cheaply if L is being reasonable in his approach
Antworten
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FluorDaniel Properties v Shortland Investments [2001]
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Aslan v Murphy
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Calthorpe v McOscar
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Proudfoot v Hart (1890)
Frage 17
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Many leases require repair but not renewal
Antworten
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Is there liability to do something about the disrepair?
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What is the standard of repair?
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Obligation to renew is more onerous than obligation to repair
Frage 18
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Remedying of disrepair and inherent defect fell within scope of T’s covenant to repair
Work required was repair not renewal
Antworten
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Ravenseft Properties Ltd v. Davstone (Holdings) Ltd [1980]
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National car parks v Trinity Development Co 2001
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FluorDaniel Properties v Shortland Investments [2001]
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Proudfoot v Hart (1890)
Frage 19
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CA set out three guidelines for repairing covenants
Antworten
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McDougall v Easington D.C. (1989)
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National car parks v Trinity Development Co 2001
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Lister v Lane (1893)
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Ravenseft Properties Ltd v. Davstone (Holdings) Ltd [1980]
Frage 20
Frage
Three guidelines: a) Do the alterations..
Antworten
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affect the whole or substantially the whole of the building?
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make the building different in character from the building originally let?
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cost a significant proportion of the value of the previous existing building?
Frage 21
Frage
Three guidelines: b) Do the alterations..
Antworten
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affect the whole or substantially the whole of the building?
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make the building different in character from the building originally let?
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cost a significant proportion of the value of the previous existing building?
Frage 22
Frage
Three guidelines: c) Do the alterations..
Antworten
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affect the whole or substantially the whole of the building?
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make the building different in character from the building originally let?
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cost a significant proportion of the value of the previous existing building?
Frage 23
Frage
Alienation: T disposing of lease
Antworten
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Assign
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Sub-let
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Mortgage
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Part with or share possession
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Part with or share occupation
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Terminate
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Surrender
Frage 24
Frage
Alienation
Antworten
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T is free to dispose of premises as he chooses unless lease contains restriction on T’s right to dispose
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T is not free to dispose of premises as he chooses unless lease contains restriction on T’s right to dispose
Frage 25
Frage
Three categories of restrictive lease covenants:
Antworten
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Absolute covenant
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Qualified covenant
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Fully qualified covenant
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Fully unqualified covenant
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Unqualified covenant
Frage 26
Frage
Absolute covenant
Antworten
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T prohibited altogether from doing something
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T may do the thing in question but only with L’s consent
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T may do the thing in question with L’s consent and that consent must not be unreasonably withheld
Frage 27
Frage
Qualified covenant
Antworten
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T may do the thing in question but only with L’s consent
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T prohibited altogether from doing something
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T may do the thing in question with L’s consent and that consent must not be unreasonably withheld
Frage 28
Frage
Fully qualified covenant
Antworten
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T prohibited altogether from doing something
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T may do the thing in question but only with L’s consent
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T may do the thing in question with L’s consent and that consent must not be unreasonably withheld
Frage 29
Frage
Absolute covenants against alienation
Antworten
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If T disposes of premises he will be in breach of covenant but disposal still valid
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Note also L may waive prohibition
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Prevented from disposing of interest unless can negotiate with L and obtain L’s consent to a disposal
Frage 30
Frage
Qualified and fully qualified covenants against alienation
Antworten
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T could request consent but L could still refuse consent on any grounds whatsoever
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T could request consent and L could not refuse consent
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T is helped when there is a qualified covenant by section 144 LPA 1925 and section 19(1)(a) LTA 1927
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T is not helped when there is a qualified covenant by section 144 LPA 1925 and section 19(1)(a) LTA 1927
Frage 31
Frage
Section 144 LPA 1925
Antworten
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L cannot demand payment for his consent – only expenses
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Converts qualified covenants against alienation into fully qualified covenants against alienation
Frage 32
Frage
Section 19(1)(a) LTA 1927
Antworten
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Converts qualified covenants against alienation into fully qualified covenants against alienation
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L cannot demand payment for his consent – only expenses
Frage 33
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LTA 1988 Section 1(3)
Antworten
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L is under a duty: - to give consent unless reasonable not to
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- to serve written notice on T of decision - within a reasonable time stating why any consent is withheld or the conditions subject to which it is granted
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T can sue L for damages if L fails to comply with duty
Frage 34
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Section 4
Antworten
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L is under a duty: - to give consent unless reasonable not to
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T can sue L for damages if L fails to comply with duty
Frage 35
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What is a reasonable time?
Antworten
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Clear that L must act quickly
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Three weeks reasonable in a complex case
Frage 36
Frage
When is it unreasonable to refuse consent?
Antworten
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Depends upon circumstances of particular case
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General principle = L not entitled to refuse consent for reasons which are not connected to subject matter of lease
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E.g. Proposed new T is of insufficient financial standing
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Proposed new T’s race or gender
Frage 37
Frage
LTA 1927 section 19(1A)
Antworten
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Applies only to leases of commercial premises granted on or after 1st January 1996
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Affects only assignments
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Applies only to leases of commercial premises granted on or after 1st January 1993
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