Suggested Answer to Exercise 6.3 (Part 2)
Planning Your Answer
Issues
What can Jane do about the state of the house – what are the lessor’s obligations?
Can Keegan evict Jane?
- Are the covenants enforceable against her?
- Is re-entry available as a remedy?
Rules
- The lease was granted after 1995: the transmission of the covenants is regulated by the Landlord and Tenant (Covenants) Act 1995 (‘the 1995 Act’).
See Land Law, Section 6.4. - The lease does not appear to include any express covenant by the lessor to keep the premises in repair. Consider whether implied:
- non-derogation from grant; and
- covenants implied by statute, such as ss.11-14 Landlord and Tenant Act 1985.
- The rules relating to forfeiture (re-entry). There are different rules depending on whether the remedy is being sought for non-payment of rent or for breach of another type of covenant.
See Land Law, Sections 6.5.1(c) and 6.5.2(a).
Answer Plan
- Introduce the issues, the key concepts and why they are important.
- The state of the house:
- Obligation?
- Binding on whom?
- Remedies.
- The breaches of the tenant’s covenants:
- Obligations?
- Binding on whom?
- Remedies.
- Make sure that you have stated your conclusions and that these conclusions follow logically from your reasoning.
Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.
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