Land Law

Ninth edition

by Mark Davys

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

  1. 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.
  2. 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.
    See Land Law, Section 6.2.1(b) and 6.2.2.
  3. 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

  1. Introduce the issues, the key concepts and why they are important.
  2. The state of the house:
    1. Obligation?
    2. Binding on whom?
    3. Remedies.
  3. The breaches of the tenant’s covenants:
    1. Obligations?
    2. Binding on whom?
    3. Remedies.
  4. 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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