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leasehold covenants problem question structure
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leasehold covenants problem question structure
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Covenants problem question structureAnalysing problems on enforcement of leasehold covenants:
Is it after 1st january 1996? If it's after this date it's a new lease
Which covenants have been breached out of the following:
E.g have they not paid rent.
Does the wronged party have the benefit of those covenants? Give authority.
See tenanant act (LTCA) landlord and tenant covenant act.
Who has the burden of those covenants? Give authority.
- Burden passes to new tenant under s 3(2) (a) but:
- Old tenant can be sued when there's an AGA
- Only immediate processors can be sued so the oldest aga is gone as is its more
than 3
- For a lease to be sold by a tenant there must have been an AGA
What remedies would be possible/appropriate in these circumstances?
Remedys for rent breach is different to other breaches
Remedies available to a tenant for landlord’s breach of covenant:
- Tenant can always sue current landlord and sue the previous landlord if they
didnt get the tenant release or a release at court
- Damages
- self-help: Lee Parker v Izzet [1971]
- specific performance
1. Is it an old lease or a new lease?
2. Which leasehold covenants have been breached?
3. Does the wronged party have the benefit of those covenants?
Give
authority.
4. Who has the burden of those covenants? Give authority.
5. What remedies would be possible/appropriate in the
circumstances?
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