Relevant remedies - Breaches of other covenants

6 important questions on Relevant remedies - Breaches of other covenants

Explain the two factors in font-styleHadley v Baxendale when a party is seeking to claim damages?

The loss arose naturally from the breach
Both parties reasonably contemplated the breach

When can the party exercise specific performance? What type of remedy is this?

Specific performance is an equitable remedy that is only awarded where damages are considered inadequate compensation. Ordering the breaching party to perform their obligation.

Explain what an injunction does to the party?

An order preventing the defendant from offending a covenant (e.g. to not use the property as a business)
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Explain how the tenant is able to set-off paying rent if the landlord fails to carry out their repairing covenant (Lee-Parker v Izzet)?

The tenant must give the landlord notice of failure to carry out their repairing covenant.

What happens if the landlord ignores the notice above? What can the tenant do in terms of the repairs(Taylor v Beal)?

The tenant may carry out repairs themselves and deduct the cost from future rent.

When is the landlord entitled to forfeit a lease in relation to a breach of covenants other than non-payment of rent? What clause must be expressly included in the lease?

  • Has to be a forfeiture clause
  • Serve a (s.146 LPA) notice

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