Answers
Leases Workshop II
- Course
- Institution
- Book
Leases Workshop II question and answer
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Reform of Freehold Covenants Essay Plan
-
Fixtures / Chattels
-
The 1925 Property Legislation
Seller
Follow
1Caillou
Reviews received
Content preview
Emiliana is registered proprietor of a large building (‘the building’) comprising a number ofself-contained flats. She lives in the flat on the ground floor.
Two years ago, Emilina granted Fina a five-year lease of the top-floor flat (by deed). The
lease contains an express covenant by the tenant ‘to keep in repair the flat and all its
installations, including the boiler.’ The lease does not contain any landlord covenants. Before
the lease was granted, Fina explained to Emilina that she was an amateur astronomer and that
the principal reason she wanted the flat was because it offered a panoramic view of the night
sky through its skylights.
Three months ago, construction work was completed on a new flat on the roof of the building,
directly above Fina’s flat. The new flat obscures Fina’s view of the sky.
Two months ago, Emilina let the new flat to tenants. As the new flat is inadequately sound
insulated, Fina can hear every noise made by its tenants.
Last month, the boiler in Fina’s flat stopped working. Fina complained to Emilina about the
boiler, the noise, and the interference with her view. Emilina refused to deal with these issues.
She shouted at Fina: ‘You’re responsible for the boiler. If you are so unhappy here, you
should just leave.’ On every occasion Emilina has seen Fina in the building since Fina
complained, Emiliana has shouted the following words at her: ‘You better leave if you know
what is good for you.’
Advise the parties:
i Who is responsible for the broken boiler; and
ii Whether Emiliana has breached any implied landlord covenants.
Whether there is anything to displace the covenant generally?
Per s.13 LTA 1985 – the act applies to leases, which enables the and lord to terminate the
lease before 7 years have expired. Here, the lease is for 5 years so the Act is applicable to the
lease in question. Furthermore, the Act applies to leases granted after the 21/10/1961. The
facts suggest that the lease was granted two years ago, so this aspect is satisfied. Moreover,
the act applies to residential leases. The facts suggest that the lease is residential because Fina
is going to reside therein.
Per s. 11(4) LTA 1985, the Act has priority over any terms of the lease and the terms of the
lease will have no effect if they are inconsistent with the provisions of the Act.
Whether the boiler is within the scope of the land lords implied repairing obligations?
Per s. 11(1)(c) LTA 1985 – items must be kept in proper working order. A boiler which does
not work is not doing what it is meant to do i.e. heat water. Thus, the obligation to keep the
boiler in proper working order is triggered. This means that Emiliana is responsible for the
broken boiler.
Whether Emiliana has breached any implied Land-Lord covenants?
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller 1Caillou. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $8.39. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67096 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now