LPC Law Notes > Cambridge And Oxilp And College Of Law LPC Law Notes > Property Law and Practice Notes
This is a sample of our (approximately) 4 page long Covenants Notes notes, which we sell as part of the Property Law and Practice Notes collection, a Distinction package written at Cambridge And Oxilp And College Of Law in 2016 that contains (approximately) 450 pages of notes across 126 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Covenants Notes Revision
The following is a plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
Type of clause?
What does it do?
Restricts the tenant's use of the premises Planning Legislation - tenant may not be able to carry out any building or other operations. Cannot make a material change in use of premises without obtaining planning permission Covenants affecting a superior title - restrictive covenants affecting the landlord's reversionary title which bind tenant Common law restraints - law of nuisance may prevent tenant from using premises in such a way as to cause disturbance to a neighbour
Gives landlord absolute
Maintain value of interest in premises
Maintain rental value of premises
Avoid damaging reputation of premises by immoral or undesirable uses
Maintain value of adjoining premises owned by landlord
Avoid tenant competing with other premises of landlord in vicinity
Maintain a good mix of different retail uses in a shopping precinct owned by landlord
Perform balancing act between control of the tenant and good estate management, and maximisation of rental values Ensure lease clearly states that any reference to the UCO is intended to refer to the Order as enacted at the time the lease was granted
Rental values and rent review reflecting restrictive use
Narrower covenant avoided as limits ability to dispose of premises at some stage in future
Have regard to own future use of premises
Not too wide that will allow landlord to increase rental value of tenant's interest at review
Ought to resist a positive covenant
Code cl.8 - landlords' control over alterations and changes of use should not be more restrictive than necessary…
Can define use by reference to the Town and Country Planning (Use Classes) Order 1987 (UCO)
Remedy for Breach Landlord can claim damages for tenant breach of positive covenant Claim injunction for breach of negative covenant
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