Express Covenants of Landlord and Tenant: Covenant to Repair

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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. (A)</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. (C)</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. (D)</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 (C)</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 (A)</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 (A)</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. (C)</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 (B)</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 (C)</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. (C)</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. (B)</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. (B)</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. (C)</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. (D)</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. (B)</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 (D)</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 (D)</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 (C)</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 (B)</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 (C)</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 (A)</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. (D)</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. (B)</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. (A)</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. (D)</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. (A)</p> Signup and view all the answers

How is rent typically payable unless otherwise agreed by parties?

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

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