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41 Cards in this Set
- Front
- Back
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Tenant is protected from interference with his possession and quiet enjoyment of the property. This is an implied covenant.
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Kenny v Preen (1963)
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Illegal for landlord to deprive tenant of occupation without belief and reasonable cause that tenant had ceased to live there
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PFEA77, s1(2)
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Illegal for landlord with intent to evict or block rights/remedies to interfere with peace/comfort or withdraw services
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PFEA77, s1(3)
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Regular excessive noise can be substantial interference with enjoyment but can't apply to things from before grant of tenancy
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Southward LBC v Mills (2001)
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LL must repair exterior, including remedying defects in construction
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Ravensreft Properties v Davstone (1980)
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LL must be notified of qualifying defect to be obliged to fix it
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O'Brien v Robinson
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Defect must be genuine disrepair, not just minor inconveniences
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Quick v Taff Ely BC (1986)
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After an assignment, the benefit of a covenant by the original landlord that “touches and concerns” the land runs with the lease. The burden of a covenant by the original tenant that touches and concerns the land also runs with the term
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Spencer's Case (1583)
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Modern paraphrase of Spencer's Case
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CoL Corporation v Fell (1994)
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Impossible to go by analogy wrt covenants; rules are arbitrary and distnctions illogical
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Grant v Edmonson (1931)
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Touches and concerns test:
– Covenant benefits LL or T only while they hold the estate – Covenant affects the nature, quality, mode of user or value of the land – Not expressed in reference to specific persons – OK to be related to paying money only if related to doing something to the land |
P&A Swift Investments v Combined English (1989)
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A covenant the value of which is entirely due to the actual use of the land is “collateral”, so does not touch and concern
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Thomas v Hayward (1869)
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No general rule that every covenant, however oblique the connection to ones that concern the land also concern the land
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Hua Chiao v Chiaphua
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Where one person discharges the liability of another, he may seek to recover the he has paid from the person whose liability it was
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Moule v Garrett (1872)
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Landlords must fully satisfy themselves that they are acting in accordance with Article 8 and Article 1, 1st protocol when using the self-help remedy of distress
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Fuller v Happy Shopper Markets (2001)
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- Such as may be reasonably thought arising from the breach or;
- Such as is in the contemplation of the parties |
Hadley v Baxendale (1854)
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Ancient common law right for a tenant to set off the cost of repairs for which a landlord is liable against future rent payments; must be a fixed sum
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Taylor v Beal (1591)
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Modern case relying on Taylor v Beal;
It is a question of fact in each case how much of the repairs can be charged |
Lee-Parker v Izzet (1971)
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Common law forfeiture: landlord demands exact amount on last day it is due and waits till sunset; if still unpaid, he can forfeit the lease
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Duppa v Mayo (1669)
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LTA27, s19(1)(a)
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LL can't unreasonably withold consent to sublet/assign
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LTA88, s1
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LL must consent or give reasonable refusal in reasonable time
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LT(C)A95, s22
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For new leases, assigning tenant can be required to enter authorised guarantee agreement
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Tenant is protected from interference with his possession and quiet enjoyment of the property
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Kenny v Preen
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Can include regular excessive noise, but not things done before grant of tenancy
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Southward LBC v Mills
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PFEA77, s1(2)
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Illegal for landlord to deprive tenant of occupation without belief and reasonable cause that tenant had ceased to live there
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PFEA77, s1(3)
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Illegal for landlord with intent to evict or block rights/remedies to interfere with peace/comfort or withdraw services
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LTA85, s11
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– LL must keep in good repair and working order:
---- Structure/exterior of the house ---- Water, gas, electricity and sanitation installations (basin/bath/bog) but not other appliances using these things ---- Heating and water heating |
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LL must repair exterior, including remedying defects in construction
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Ravensreft Properties v Davstone
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LL must be notified to have obligation
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O'Brien v Robinson
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Defect must be genuine disrepair, not just minor inconveniences
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Quick v Taff
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Tenant-like behaviour
– Do those little jobs that a nice good tenant would do... |
Warren v Keen (1954)
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Limited to bringing action for debt up to six years from the debt being due
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Limitation Act 1980, s19
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When suing on a AGA, serve the default notice within six months of rent being due
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LT(C)A95, s17
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Warning - distress flies in the face of Article 8 (privacy and home) and A1 1st protocol (peaceful enjoyment of
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Fuller v Happy Shopper
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Commercial rent arrears recovery:
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Tribunals, Courts and Enforcements Act 2007, Sch 12
Abolishes common law right to distress for non-payment of rent - rent must be due and payable - notice served by enforcement agent - Goods are held until rent paid or goods sold |
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At common law, landlord must make formal demand on last on which payment is due and wait till sunset
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Duppa v Mayo
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Peaceable re-entry (not if it's a dwelling and someone lawfully resides)
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Protection from Eviction Act 1977, s2
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Use or threat of violence even to regain lawful possession is a criminal offence
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Criminal Law Act 1977, s6
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Hadley v Baxendale
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- Such as may be reasonably thought arising from the breach or;
- Such as is in the contemplation of the parties |
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Ancient common law right for a tenant to set off the cost of repairs for which a landlord is liable against future rent payments; must be a fixed sum
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Taylor v Beale
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LPA25, s146
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See above, but L must serve a s146 notice to tenant; if T does not comply with notice, L may do forfeiture
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