Summary: Ws6 Leasehold Covenants

Read the summary and the most important questions on WS6 Leasehold Covenants

• 2 STEP 2: What are the covenants that have been breached?

• 2.1.1 Quiet enjoyment

• Where the landlord and tenant have not expressly agreed on a covenant for quiet enjoyment, can this be implied and will the tenant be protected against the interference of the landlord (Kenny v Preen)?

  The covenant of quiet enjoyment is implied. This protects the tenant against interference with the tenant's possession by the landlord during the lease.

• Explain why the inadequate soundproofing in (Southwark LBC v Mills) was not a breach of the landlord's covenant of quiet enjoyment?

  The covenant did not apply to things that existed before the grant of the lease. The inadequate soundproofing existed at the date of the lease.

• 2.1.2 Unlawful eviction and harassment of occupier

• Is the landlord able to unlawfully evict the residential tenant? What must the landlord prove to evict the residential tenant? (s.1(2) of the Protection from Eviction Act 1977)

  Unlawful eviction of the residential tenant is a guilty offence unless the landlord believed, or had reasonable cause to believe, that the tenant ceased to reside in the premises.

• Will the landlord be held liable if he intended to interfere with the residential tenant's peace and comfort under (s.1(3) PEA 1977)?

  • Cause the tenant to give up their occupation of the property
    
  • Refrain from exercising a right/remedy in respect of the property.

• 2.1.3 Repair

• If the residential lease is fewer than 7 years, will the tenant be responsible for repairing the structure and exterior (s.11 of the Landlord and Tenant Act 1985);(Ravenseft Properties Ltd v Davestone)?

  The tenant will not be responsible for any repairs falling within (s.11) as that is the role of the landlord:
  
  

  • Structure + exterior of the property (Ravenseft Properties Ltd v Davestone) - if necessary, remedy the inherent defect in construction
  • Installations for the supply of water, gas, electricity and for sanitation
  • Space heating and heating water

• Will the landlord be obliged to carry out repairs for something the tenant can reasonably do themselves (Warren v Keen)?

  The landlord will not be obliged to carry out 'little jobs about the place which a reasonable tenant would do'.

• Is the landlord obliged to carry out repairs if he is not notified of the need to repair by the tenant (O'Brien v Robinson)?

  Landlord is only liable to repair if notified of the need to repair.

• Where the property has condensation, but no actual damage to the property, will the landlord be liable to repair it (Quick v Taff Ely BC)?

  No actual damage to the property, the landlord is not liable under the implied covenant to repair.

• 2.2.1 Rent

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• Explain what the express covenant in a lease requires a tenant to do in relation to rent?

  Pay rent in advance.

• 2.2.2 Restrictions on the use of the property

• Will the tenant be able to convert the residential property for commercial use if there is a restriction by the landlord?

  If there is a restriction prohibiting commercial use of the property, the tenant can only use the property for residential purposes.