Express Covenants of Landlord and Tenant: Covenant to Repair
30 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

    <p>Repairing electric lights when they fuse and unblocking sinks.</p> Signup and view all the answers

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

    <p>'Same as weekly tenant' tenancies.</p> Signup and view all the answers

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

    <p>To allow entry into the premises for repair purposes.</p> Signup and view all the answers

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

    <p>Claim for damages and possible forfeiture of the lease</p> Signup and view all the answers

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

    <p>Written consent from the lessor</p> 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?

    <p>The tenant is liable for damages</p> Signup and view all the answers

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

    <p>An absolute covenant does not allow assignment or subletting, while a qualified covenant allows it with consent.</p> 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?

    <p>No, the tenant will not be in breach</p> 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?

    <p>Grant relief against forfeiture</p> Signup and view all the answers

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

    <p>It constitutes an irrevocable offer to sell.</p> 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?

    <p>Notice to purchase within an agreed period.</p> Signup and view all the answers

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

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

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

    <p>Because it does not 'touch and concern' the land.</p> Signup and view all the answers

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

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

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

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

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

    <p>Maintaining the property to a reasonable state considering its age, character, and location</p> 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?

    <p>Both the landlord and tenant</p> Signup and view all the answers

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

    <p>Original damage constituting wear and tear</p> Signup and view all the answers

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

    <p>When it should be obvious that further lasting damage would ensue if not rectified</p> 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?

    <p>Character and location of the premises</p> 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)?

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

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

    <p>Ensure his family and guests are responsible for repairs.</p> Signup and view all the answers

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

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

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

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

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

    <p>To grant another term or renewal option.</p> Signup and view all the answers

    What is required for rent to be considered valid?

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

    How is rent typically payable unless otherwise agreed by parties?

    <p>In arrears</p> Signup and view all the answers

    More Like This

    Use Quizgecko on...
    Browser
    Browser