A more recent version of these Leases Leasehold Covenents notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Land: Leases - Leasehold Covenants Terminology
covenant: promise contained in a deed. covenantor: person making the promise (bears the burden). covenantee: person to whom promise made (takes benefit). assignment: transfer of whole of residue of existing lease to 3rd party. sub-letting: grant of new lease to 3rd party by someone already tenant of same property. reversion: landlord's interest in property - usually freehold (but sub-letting: may be leasehold).
Express Obligations of a Landlord and Tenant under a Lease
- Minimum requirements for valid demise (lease):
1. formalities complied with.
2. no uncertainty over main terms: identity of landlord + tenant; property to be demised; term; commencement + expiry dates; consideration.
- No other express provisions necessary, but usually included for certainty. implied obligations: will be imposed if parties fail to make provisions (+ some implied obligations: override express provisions).
Landlord's Express Covenants
- Quiet enjoyment: not to interfere with tenant's possession or enjoyment of property during lease.
covers: acts of landlord + anyone claiming under him. does not cover: acts of someone claiming by title paramount (e.g. through superior landlord). breach dep. on facts: Owen v Gadd : erection of scaffolding hindering access ? breach. Kenny v Preen : persistent intimidation of tenant to induce him to leave ? breach. Southwark LBC v Mills : failure to soundproof flat ? NOT breach: t. must take property as he finds it. unlawful eviction: statutory protection. Protection from Eviction Act 1977: harassment/unlawful eviction of residential tenants criminal. s27 + s28 Housing Act 1988: statutory damages for tenant.
- Insure: reciprocal covenant where lease allows landlord to recover insurance premiums.
- Repair: usual where only part of building let + tenant covenants to pay proportion of costs (usually in service charge).
- Enforce covenants in other leases of same building: common where building let in multiple units. rationale: no privity of contract between individual tenants ? landlord's covenant = guarantee that no tenant will be allowed to remain in breach of covenant which might affect other tenants (e.g. being in arrears of service charge). usually required by mortgagees: refuse to accept residential leases without this protection as security.
Tenant's Express Covenants
- To pay rent.
Buy the full version of these notes or essay plans and more in our GDL Land Law Notes.