30 Questions
What is the implied covenant of the tenant in terms of waste?
To not commit waste, both voluntary and permissive.
In the context of waste, what does 'permissive waste' refer to?
Leaving undone something that ought to be done.
What duty does a tenant have in terms of repairs for a fixed-term tenancy?
Duty to repair both voluntary and permissive waste.
According to Warren v Keen (1954), what specific responsibilities does a weekly tenant have?
Repairing electric lights when they fuse and unblocking sinks.
For what types of tenancies is the duty to repair permissive waste debatable?
'Same as weekly tenant' tenancies.
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.
What is the consequence of breaching the covenant not to assign the leased premises?
Claim for damages and possible forfeiture of the lease
In Barbados, what is required before a lessee can transfer or sublet the leased premises?
Written consent from the lessor
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
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.
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
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
What is the main characteristic of an option to purchase the freehold reversion?
It constitutes an irrevocable offer to sell.
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.
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.
Why does an option to purchase not automatically run with the lease or reversion?
Because it does not 'touch and concern' the land.
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.
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.
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
In terms of repair obligations, if there are no express provisions in the lease, who may be held liable?
Both the landlord and tenant
What type of damage is a tenant not liable for according to the text?
Original damage constituting wear and tear
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
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
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
What must a tenant do in regards to repairing the house?
Ensure his family and guests are responsible for repairs.
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.
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.
What are typical express covenants between a landlord and a tenant?
To grant another term or renewal option.
What is required for rent to be considered valid?
It should be calculated with certainty at the time of payment.
How is rent typically payable unless otherwise agreed by parties?
In arrears
Learn about the express covenants of landlord and tenant specifically focusing on the covenant to repair. Understand who may be responsible for repairs, whether it's the landlord, the tenant, or shared between them. Explore the concept of 'repair' and its implications under the doctrine of waste.
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