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Leasehold Covenant: Overview

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Leasehold Covenants: Overview

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Quiet enjoyment

  • implied: L grants lease T / covenant by L for quiet enjoyment / threats may breach right to quiet & peaceable enjoyment of premises Kenny v Preen
  • Criminal Law Act 1977 s.6: criminal offence / use or threaten violence / to secure entry when known someone opposed to entry on premises
  • Protection from Eviction Act 1977 / s.1(1): applies to residential occupiers / s.1(2): offence if L unlawfully deprives T of occupation & cannot prove he believed or had reasonable cause to believe T ceased to reside in the premises / s.1(3): offence if acts likely interfere with T's peace or comfort done with intent to cause him leave
  • Housing Act 1988 / s.27: T claim damages from L if unlawfully evicted / s.28 : measure of damages / difference in value between valuation of L's interest if T retains right to occupy premises & no longer has right to occupy / T awarded £31 000 damages Tagro v Cafane
  • day to day noise may breach peaceful enjoyment / covenant not apply to things done before grant of tenancy (inadequate soundproofing at start of lease so no cause of action) Southwark LBC v Mills

Repairs: common law

  • common law: L not give implied warranty / condition or fitness of property / limited implied term: furnished tenancy fit for human habitation Smith v Marrable / at date of letting only Sarson v Roberts / not unfurnished property Hart v Windsor
  • courts unwilling imply terms / due to costs remedying older properties Southwark LBC v Mills
  • CoA (Lord Denning): judges should imply terms if reasonable / HoL: correct approach: test of necessity (what must be implied) not reasonableness / implied easement use stairs & L obliged reasonable care to maintain adequate lighting Liverpool CC v Irwin / no general L's obligation maintain easements Duke of Westminster v Guild
  • implied covenant: if T obliged carry out internal repairs & can demonstrate not possible unless L undertook some responsibility for repair Barrett v Lounova / not general principle Adami v Lincoln Grange
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Leasehold Covenants: Overview

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Repairs: statutory obligations

Landlord & Tenant Act 1985

  • LTA s.8(1): implies / dwelling house / fit for human habitation / commencement of tenancy & maintained throughout / s.8(2) : L right to inspect 24hrs notice / s.8 rarely applies only for leases less than £52
  • LTA 1985 s.10: factors fit for human habitation: repair / stability / freedom from damp / internal arrangement / natural lighting / ventilation /water supply / drainage & sanitary / facilities preparation food / disposal of waste water
  • LTA 1985 s.11(1): implied covenant by L / keep in repair structure & exterior of dwelling-house / & installations supply of water, gas, electricity & sanitation / s.11(3): standard of repair depends on dwelling's location, age & character / 11(4): covenant by T no effect if relates to categories in s.11(1) / s.11(6): L implied covenant to enter premises to view state (with 24 hrs written notice) / s.12: no exclusion liability under s.11 void unless authorised by court / s.13(1): s.11 applies lease dwelling house for term less than 7 years
  • waste is a tort / voluntary waste: T causes damage to property & may be liable / permissive waste: T allows property fall into disrepair & not liable
  • weekly T / use property in tenant-like manner /carry out little jobs reasonable T would do / not liable: repairs due to fair wear & tear or lapse of time Warren v Keen
  • L may be obliged to remedy inherent defect in construction / if necessary to carry repair under s.11 LTA 1985 Ravenseft Properties v Davstone
  • condensation / implied duty to repair structure & exterior / insufficient evidence damage to structure itself (such as walls) Quick v Taff Ely BC
  • L not liable until notified of need for repair O'Brien v Robinson
bits of law

Leasehold Covenants: Overview

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Repairs: personal injury

  • fraud apart / no law against letting tumble down house / T's remedy in contract Cavalier v Pope
  • bare L / not liable in negligence / if lets unfurnished property & not negligent builder McNerny v Lambeth LBC
  • Defective Premises Act 1972 s.4(1): if tenancy puts obligation L to T for maintenance or repair of premises / L owes duty all persons might reasonably be expected affected defects / in all circumstances / see reasonably safe from personal injury or from damage to their property / caused by a relevant defect
  • DPA 1972 s.4(2): duty applies if L knew or ought to have known of relevant defect / s.4(3): relevant defect: defect in state of premises / existing arising or continuing / because of act or omission by L / which constitutes failure to carry out his obligations maintain or repair premises
  • DPA 1972 s.4(4): s.4 applies if L has express or implied permission to enter premises to carry out any maintenance or repairs
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