LPC Law Notes Commercial Property Notes
A collection of the best LPC notes the Oxbridge Notes editorial team could find after having looked through dozens of applications. This single-author set of LPC notes is fully updated for recent exams.
The author of these notes earned a high 1.1/distinction at the OXILP....
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Commercial Property
Sub-lettings
What remedies do tenants / sub-tenants have if LL is breaching a covenant? There is NO DIRECT CONTRACT between the LL and Sub-tenant. Therefore the LL cannot be directly forced to provide a remedy to the Sub-tenant. However, in the terms of the under-lease there should be a covenant that the head tenant will enforce the LL covenants [both express & implied] under the head-lease. Key implied covenant: Landlord’s covenant for quiet enjoyment can be expressly in the lease or implied. The covenant will protect the tenant where there is a substantial interference with the tenant’s use & enjoyment of the premises. The implied covenant does not apply to superior title holder. Often a question of fact:
Key implied Covenant: LL should not derogate from grant!
Key express Covenant: Express covenant that T will not be a nuisance Key express Covenant: Express covenant that LL will use his best endeavors to provide the “Services” so long as T pays the service charge and observes obligations under the lease. What control does LL have over the sub-tenant:
What happens to sub-lease upon termination of head-lease:
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Buy the full version of these notes or essay plans and more in our Commercial Property Notes.
A collection of the best LPC notes the Oxbridge Notes editorial team could find after having looked through dozens of applications. This single-author set of LPC notes is fully updated for recent exams.
The author of these notes earned a high 1.1/distinction at the OXILP....
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