nathan_hutchings
Quiz by , created more than 1 year ago

Landlord and Tenant Law Quiz on Enforcing Leasehold Covenants (1), created by nathan_hutchings on 09/05/2013.

87
0
0
nathan_hutchings
Created by nathan_hutchings about 11 years ago
Close

Enforcing Leasehold Covenants (1)

Question 1 of 11

1

Landlord and Tenant (Covenants) Act 1995 came into force in?

Select one or more of the following:

  • January 1996

  • January 1995

  • Date of any assignment irrelevant when deciding whether 1995 Act applies
    What matters is date of lease

Explanation

Question 2 of 11

1

Privity of contract between L1 and T1

Select one of the following:

  • Leases granted after 1st January 1996

  • Leases granted prior to 1st January 1996

Explanation

Question 3 of 11

1

What happens in assignments in Old leases

Select one or more of the following:

  • If T1 assigns lease:
    T1 remains subject to burden of covenants in lease

  • If further assignments of lease (i.e. T2 assigns):
    T1 remains subject to burden of covenants in lease

  • If further assignments of lease (i.e. T2 assigns):
    T1 does not remain subject to burden of covenants in lease

  • If T1 assigns lease:
    T1 does not remain subject to burden of covenants in lease

Explanation

Question 4 of 11

1

Leases granted prior to 1st January 1996

Select one or more of the following:

  • T1’s contractual liability lasts until end of contractual term

  • If contractual term ends but lease continues under statute T’s liability will end when contractual term ends
    (unless lease provides otherwise)

Explanation

Question 5 of 11

1

Liability of those not party to the original lease

Select one or more of the following:

  • Privity of estate between L1 and T2

  • Privity of contract between L1 and T1

  • Privity of estate between L1 and T1

  • Privity of contract between L1 and T2

Explanation

Question 6 of 11

1

Liability of those not party to the original lease

Select one or more of the following:

  • Covenants which touch and concern land pass to T2

  • If T2 defaults then L1 has choice – can take action against T2 (privity of estate) or against T1 (privity of contract)

  • Covenants which touch and concern land do not pass to T2

  • If T2 defaults then L1 can take action against T2 (privity of estate)

Explanation

Question 7 of 11

1

If lease is assigned multiple time's can the landlord take action against every tenant?

Select one of the following:

  • Yes

  • No

  • Depends on whether each assignee covenants directly with L

Explanation

Question 8 of 11

1

What can T1 do if he is sued as a result of a breach which he did not commit?

Select one or more of the following:

  • (a) Action against T in possession at time of breach
    (Unlikely to be successful because if current T worth suing then L likely to have sued him in the first place)

  • (b) Action against person to whom he assigned the lease
    (Action on the indemnity covenant)
    Indemnity covenant is covenant by assignee to indemnify assignor for any losses suffered by assignor as result of default by assignee

  • Section 30 (1) (a)

Explanation

Question 9 of 11

1

Leases granted on or after 1st January 1996 - Tenants position?

Select one of the following:

  • Section 3 LT(C)A 1995

  • Section 4 LT(C)A 1995

  • Section 3 LT(C)A 1996

Explanation

Question 10 of 11

1

Section 3 LT(C)A 1995

Select one of the following:

  • All landlord and tenant covenants pass to assignee
    (unless expressed to be personal)

  • Privity of contract still exists between Tenant 1 and L1

Explanation

Question 11 of 11

1

Section 5 LT(C)A 1995

Select one or more of the following:

  • Assigning T is automatically released from any liability under lease

  • He ceases to be subject to burden of lease covenants

  • If assignee breaches lease covenant L can only bring action against assignee

  • All landlord and tenant covenants pass to assignee
    (unless expressed to be personal)

Explanation

Previous
Next