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Leasehold Covenants
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  • Course
  • Land Law
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  • University Of Portsmouth (UoP)
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  • Complete Land Law

A well written and detailed Land Law lecture notes containing outstanding explanation of each particular area of land. Extremely descriptive approach allows you to understand the Land Law more effectively, providing tremendous fundaments for achieving the best possible grade. Apart of legislation ...

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  • June 6, 2019
  • 12
  • 2018/2019
  • Class notes
  • Unknown
  • All classes

Subjects

  • land law
  • land
  • lecture
  • revision
  • leasehold
  • covenants
  • leasehold covenants
  • acts
  • cases
  • notes

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LEASEHOLD COVENANTS – REVISION NOTES


When a lease is created, it creates:
- An interest in land; and
- A number of contractual obligations between the parties (Leasehold Covenants)

These contractual terms are known as leasehold covenants.

Leasehold Covenant – Covenant is a promise made by landlord and tenant
enforceable by law. These are contractual obligations.

Covenants can be:
- Express (Usually contained in the lease); or
- Implied by law

Landlord Covenants:
- Quiet enjoyment
- Not to derogate from grant
- Repair

Tenant Covenants:
- Pay rent
- Repair
- Waste
- Not to assign / sub-let



Quiet Enjoyment – A covenant for quiet enjoyment will be implied into every lease.

Quiet does not refer to the absence of noise, it means “without interference”. Noise
can be a breach of the covenant, but it does not mean to be noise

Southwark LBC v Mills [2001] AC 1 at 22 – (Lord Millet - Any substantial
interference with the ordinary and lawful enjoyment of the land)
The covenant will “cover any substantial interference with the ordinary and lawful
enjoyment of the land”

Lavender v Betts [1942] 2 All ER 72 – (Removing Windows, Doors / Breach of
quiet enjoyment)
Landlord was trying to remove windows and doors which was held to be a breach of
a quiet enjoyment.

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