Express Covenants of Landlord and Tenant: Covenant to Repair

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What is the implied covenant of the tenant in terms of waste?

To repair any permissive waste immediately.

To commit waste voluntarily and permissively.

To only repair voluntary waste.

To not commit waste, both voluntary and permissive. (correct)

In the context of waste, what does 'permissive waste' refer to?

Repairing the premises voluntarily.

Maintaining the exterior of the premises.

Doing something that should not be done.

Leaving undone something that ought to be done. (correct)

What duty does a tenant have in terms of repairs for a fixed-term tenancy?

Duty to repair permissive waste only.

No duty to repair at all.

Duty to repair both voluntary and permissive waste. (correct)

Duty to repair voluntary waste only.

According to Warren v Keen (1954), what specific responsibilities does a weekly tenant have?

Repairing electric lights when they fuse and unblocking sinks. Signup and view all the answers

For what types of tenancies is the duty to repair permissive waste debatable?

'Same as weekly tenant' tenancies. Signup and view all the answers

What obligation does a landlord have if they have a duty to repair according to the text?

To allow entry into the premises for repair purposes. Signup and view all the answers

What is the consequence of breaching the covenant not to assign the leased premises?

Claim for damages and possible forfeiture of the lease Signup and view all the answers

In Barbados, what is required before a lessee can transfer or sublet the leased premises?

Written consent from the lessor Signup and view all the answers

What happens if a tenant assigns or sublets the premises without applying for the landlord's consent in a qualified covenant scenario?

The tenant is liable for damages Signup and view all the answers

What is the difference between an absolute covenant and a qualified covenant regarding assignment or subletting?

An absolute covenant does not allow assignment or subletting, while a qualified covenant allows it with consent. Signup and view all the answers

If a tenant under a qualified covenant assigns or sublets without consent but later proves that the landlord unreasonably refused consent, will the tenant be in breach of covenant?

No, the tenant will not be in breach Signup and view all the answers

What action may a court take if a tenant did not apply for the landlord's consent before assigning or subletting under a qualified covenant?

Grant relief against forfeiture Signup and view all the answers

What is the main characteristic of an option to purchase the freehold reversion?

It constitutes an irrevocable offer to sell. Signup and view all the answers

In Broadway Import and Export Ltd v Levy (1996), what action triggers the formation of a contract in relation to an option to purchase?

Notice to purchase within an agreed period. Signup and view all the answers

What happens to the benefit of an option to purchase on the death of the lessee?

It devolves with the lease on the personal representatives of the lessee. Signup and view all the answers

Why does an option to purchase not automatically run with the lease or reversion?

Because it does not 'touch and concern' the land. Signup and view all the answers

What makes an option to purchase binding on a purchaser of the reversion with notice?

Entry about the option on the register or certificate of title. Signup and view all the answers

What does it mean for an option to be irrevocable in relation to purchasing a freehold reversion?

Once exercised, it results in a contract that cannot be undone. Signup and view all the answers

What does 'repair' mean in the context of landlord and tenant covenants?

Maintaining the property to a reasonable state considering its age, character, and location Signup and view all the answers

In terms of repair obligations, if there are no express provisions in the lease, who may be held liable?

Both the landlord and tenant Signup and view all the answers

What type of damage is a tenant not liable for according to the text?

Original damage constituting wear and tear Signup and view all the answers

When is a tenant liable for consequential damage according to the text?

When it should be obvious that further lasting damage would ensue if not rectified Signup and view all the answers

According to s 159(1) of Cap 236, Barbados Property Act, what factors should be considered when determining the state of repair?

Character and location of the premises Signup and view all the answers

What is the main difference between repairing and reconstructing a building according to Ravenseft Properties Ltd v Davstone (Holdings) Ltd (1979)?

Repairing involves restoring to original condition, while reconstructing changes the nature of the leased property Signup and view all the answers

What must a tenant do in regards to repairing the house?

Ensure his family and guests are responsible for repairs. Signup and view all the answers

Under what circumstances is a tenant not liable to repair the house?

When the house falls into disrepair due to fair wear and tear or lapse of time. Signup and view all the answers

What is an implied covenant in weekly and monthly tenancies regarding landlord entry?

The tenant must allow the landlord entry only if the LL has a duty to repair. Signup and view all the answers

What are typical express covenants between a landlord and a tenant?

To grant another term or renewal option. Signup and view all the answers

What is required for rent to be considered valid?

It should be calculated with certainty at the time of payment. Signup and view all the answers

How is rent typically payable unless otherwise agreed by parties?

In arrears Signup and view all the answers

Express Covenants of Landlord and Tenant: Covenant to Repair

Choose a study mode

Podcast

Questions and Answers

What is the implied covenant of the tenant in terms of waste?

In the context of waste, what does 'permissive waste' refer to?

What duty does a tenant have in terms of repairs for a fixed-term tenancy?

According to Warren v Keen (1954), what specific responsibilities does a weekly tenant have?

For what types of tenancies is the duty to repair permissive waste debatable?

What obligation does a landlord have if they have a duty to repair according to the text?

What is the consequence of breaching the covenant not to assign the leased premises?

In Barbados, what is required before a lessee can transfer or sublet the leased premises?

What happens if a tenant assigns or sublets the premises without applying for the landlord's consent in a qualified covenant scenario?

What is the difference between an absolute covenant and a qualified covenant regarding assignment or subletting?

If a tenant under a qualified covenant assigns or sublets without consent but later proves that the landlord unreasonably refused consent, will the tenant be in breach of covenant?

What action may a court take if a tenant did not apply for the landlord's consent before assigning or subletting under a qualified covenant?

What is the main characteristic of an option to purchase the freehold reversion?

In Broadway Import and Export Ltd v Levy (1996), what action triggers the formation of a contract in relation to an option to purchase?

What happens to the benefit of an option to purchase on the death of the lessee?

Why does an option to purchase not automatically run with the lease or reversion?

What makes an option to purchase binding on a purchaser of the reversion with notice?

What does it mean for an option to be irrevocable in relation to purchasing a freehold reversion?

What does 'repair' mean in the context of landlord and tenant covenants?

In terms of repair obligations, if there are no express provisions in the lease, who may be held liable?

What type of damage is a tenant not liable for according to the text?

When is a tenant liable for consequential damage according to the text?

According to s 159(1) of Cap 236, Barbados Property Act, what factors should be considered when determining the state of repair?

What is the main difference between repairing and reconstructing a building according to Ravenseft Properties Ltd v Davstone (Holdings) Ltd (1979)?

What must a tenant do in regards to repairing the house?

Under what circumstances is a tenant not liable to repair the house?

What is an implied covenant in weekly and monthly tenancies regarding landlord entry?

What are typical express covenants between a landlord and a tenant?

What is required for rent to be considered valid?

How is rent typically payable unless otherwise agreed by parties?

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Express Covenants of Landlord and Tenant: Covenant to Repair

Choose a study mode

Podcast

Questions and Answers

What is the implied covenant of the tenant in terms of waste?

In the context of waste, what does 'permissive waste' refer to?

What duty does a tenant have in terms of repairs for a fixed-term tenancy?

According to Warren v Keen (1954), what specific responsibilities does a weekly tenant have?

For what types of tenancies is the duty to repair permissive waste debatable?

What obligation does a landlord have if they have a duty to repair according to the text?

What is the consequence of breaching the covenant not to assign the leased premises?

In Barbados, what is required before a lessee can transfer or sublet the leased premises?

What happens if a tenant assigns or sublets the premises without applying for the landlord's consent in a qualified covenant scenario?

What is the difference between an absolute covenant and a qualified covenant regarding assignment or subletting?

If a tenant under a qualified covenant assigns or sublets without consent but later proves that the landlord unreasonably refused consent, will the tenant be in breach of covenant?

What action may a court take if a tenant did not apply for the landlord's consent before assigning or subletting under a qualified covenant?

What is the main characteristic of an option to purchase the freehold reversion?

In Broadway Import and Export Ltd v Levy (1996), what action triggers the formation of a contract in relation to an option to purchase?

What happens to the benefit of an option to purchase on the death of the lessee?

Why does an option to purchase not automatically run with the lease or reversion?

What makes an option to purchase binding on a purchaser of the reversion with notice?

What does it mean for an option to be irrevocable in relation to purchasing a freehold reversion?

What does 'repair' mean in the context of landlord and tenant covenants?

In terms of repair obligations, if there are no express provisions in the lease, who may be held liable?

What type of damage is a tenant not liable for according to the text?

When is a tenant liable for consequential damage according to the text?

According to s 159(1) of Cap 236, Barbados Property Act, what factors should be considered when determining the state of repair?

What is the main difference between repairing and reconstructing a building according to Ravenseft Properties Ltd v Davstone (Holdings) Ltd (1979)?

What must a tenant do in regards to repairing the house?

Under what circumstances is a tenant not liable to repair the house?

What is an implied covenant in weekly and monthly tenancies regarding landlord entry?

What are typical express covenants between a landlord and a tenant?

What is required for rent to be considered valid?

How is rent typically payable unless otherwise agreed by parties?

More Like This

Landlord-Tenant Law and Lease Agreements

Florida Landlord-Tenant Law 7/16/2024

Ch 9 - Hawaii Landlord Tenant Code Flashcards

*Landlord/ Tenant Law*

Landlord/ Tenant Law