77387
Descrição
Quiz por nathan_hutchings, atualizado more than 1 year ago
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Criado por nathan_hutchings
aproximadamente 11 anos atrás
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Questão 1
Questão
The covenant
Responda
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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
Questão 2
Questão
Implied covenants
Responda
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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
Questão 3
Questão
Examples of L’s covenants implied by common law
Responda
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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
Questão 4
Questão
Examples of T’s covenants implied by common law
Responda
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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
Questão 5
Questão
Covenants implied by statute
Responda
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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
Questão 6
Questão
Express covenants
Responda
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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
Questão 7
Questão
Typical express covenants
Responda
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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
Questão 8
Questão
Repairs
Responda
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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
Questão 9
Questão
Most common arrangement for repairing covenant
Responda
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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
Questão 10
Questão
Steps for disrepair?
Responda
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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
Questão 11
Questão
Windows - not deteriorated from previous physical state
Responda
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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
Questão 12
Questão
What is the standard of repair?
Responda
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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
Questão 13
Questão
‘fair wear and tear’ exception
Responda
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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
Questão 14
Questão
This will define standard of repair by reference to condition of property at start of lease
Responda
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schedule of condition
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schedule of dilapidations
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‘fair wear and tear’ exception
Questão 15
Questão
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
Responda
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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
Questão 16
Questão
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
Responda
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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)
Questão 17
Questão
Many leases require repair but not renewal
Responda
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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
Questão 18
Questão
Remedying of disrepair and inherent defect fell within scope of T’s covenant to repair
Work required was repair not renewal
Responda
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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)
Questão 19
Questão
CA set out three guidelines for repairing covenants
Responda
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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]
Questão 20
Questão
Three guidelines: a) Do the alterations..
Responda
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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?
Questão 21
Questão
Three guidelines: b) Do the alterations..
Responda
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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?
Questão 22
Questão
Three guidelines: c) Do the alterations..
Responda
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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?
Questão 23
Questão
Alienation: T disposing of lease
Responda
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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
Questão 24
Questão
Alienation
Responda
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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
Questão 25
Questão
Three categories of restrictive lease covenants:
Responda
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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
Questão 26
Questão
Absolute covenant
Responda
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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
Questão 27
Questão
Qualified covenant
Responda
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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
Questão 28
Questão
Fully qualified covenant
Responda
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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
Questão 29
Questão
Absolute covenants against alienation
Responda
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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
Questão 30
Questão
Qualified and fully qualified covenants against alienation
Responda
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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
Questão 31
Questão
Section 144 LPA 1925
Responda
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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
Questão 32
Questão
Section 19(1)(a) LTA 1927
Responda
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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
Questão 33
Questão
LTA 1988 Section 1(3)
Responda
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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
Questão 34
Questão
Section 4
Responda
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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
Questão 35
Questão
What is a reasonable time?
Responda
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Clear that L must act quickly
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Three weeks reasonable in a complex case
Questão 36
Questão
When is it unreasonable to refuse consent?
Responda
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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
Questão 37
Questão
LTA 1927 section 19(1A)
Responda
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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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