I scored a 90 on my SBAQs so I had a pretty strong grasp of the concepts on Land Law. About this doc:
As a lease created in 1995, this will count as an ‘old lease’; LT(C’)A 1995 will not apply, instead the pre-1996 rules will apply.
Breaches:
• Tenant’s Covenant 2.1(a) Carol is r...
PgDL & MA Law
In 1995 Forum Lettings Ltd, who owned the freehold of a commercial property at 32 Waverly
Street, Sutton, let the property to Tony Whittaker on a 35 year lease by deed at a quarterly rent
of £10,000. You will find attached below an extract from the lease showing relevant covenants.
Lease extracts
Forum Lettings Ltd sold and transferred the freehold of number 32 to your clients, Monkton
Developments Ltd in 2011.
In 2012, after obtaining consent from Monkton Developments Ltd, Tony assigned the lease and
agency business to Barbara Rendell. In 2021, Barbara assigned the lease to Carol Edwards.
Barbara also obtained the required consent from Monkton Developments Ltd.
Your clients have now discovered that Carol is retailing alcoholic drink from the premises. She
has also failed to pay the last quarter’s rent and has not provided any tickets to Monkton since
her purchase.
The roof of the premises has just started to leak and the directors of Monkton Developments Ltd
are uncertain as to who should carry out the repairs.
Advise Monkton Developments Ltd about the action which may be taken and the likely
remedies which may be obtained in respect of the above breaches.
, PgDL & MA Law
Extract from a lease of number 32 Waverly Street made between Forum
Lettings Ltd and Tony Whittaker on 15 November 1995
THIS LEASE is dated the fifteenth day of November 1995
PARTIES
(1) FORUM LETTINGS LTD incorporated and registered in England and
Wales with company number 1006382 whose registered office is at Global
House, Hermitage Way, Sutton (Landlord).
(2) TONY WHITTAKER of 12, Rodley Lane, Sutton (Tenant).
AGREED TERMS
1. INTERPRETATION
1.1 The definitions and rules of interpretation set out in this clause apply to
this lease.
……
Property: the land and building at number 32 Waverly Street, Sutton
shown edged red on the attached plan [not reproduced].
Rent: the quarterly rent of ten thousand pounds (£10,000) payable in advance
on 1 January, 1 April, 1 July and 1 October in every year.
……
1.2 A reference to the Landlord includes a reference to the person entitled
to the immediate reversion to this lease. A reference to the Tenant
includes a reference to its successors in title and assigns.
2. COVENANTS
2.1 The Tenant covenants with the Landlord as follows:-
(a) To pay the Rent on the days provided by this lease.
(b) Not to use or permit the use of the Property or any part thereof
other than as a ticket agency.
(c) To provide the Managing Director of Forum Lettings with a pair
of free tickets to a concert of her choice each month.
(d) Not to assign, charge or sub-let the whole or any part of the
Property without first obtaining the written consent of the
Landlord, such consent not to be unreasonably withheld.
……
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