Tenancy Case Study

1234 Words 5 Pages
Register to read the introduction… As soon as there is a disrepair there is a breach thus there is a reasonable period to put the property back in to repair. This is the most onerous obligation; (this is the liability of repair.)
There is also an obligation to put in repair – this is similar to keep in repair as you have to put the property in repair in order to keep it in repair. Yield up in repair – here a tenant only has to maintain and put the property back in to repair at the end of the lease terms when the property is handed back to the landlord. To keep in good condition – this is a more onerous as it is asking more than to keep in repair and will be stated if this is the case. This is different to keep in repair. To keep in a tenantable condition – to do what you should want someone else to do (being a good
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When a landlord wishes to forfeit he must not act in a way that would indicate that the tenancy is still continuing e.g. receiving a rent payment. This remedy however is becoming increasingly scarce. Damages – damages can be recovered by a landlord however statutory restrictions often prevent landlords enforcing this. Specific performance is a court order requiring the party in breach to do what they are contracted to do. Rainbow Estates Ltd. V Tokenhold Ltd 1988 ruled that specific performance should be granted where the tenant had failed to comply with his repairing covenants. Carrying out the works and recovering the costs from the tenant- the landlord has a right to enter the premises in order to carry out the repairs where a tenant has failed to do so. Non-renewal of the lease (s30) can be used if the tenant has breached his repairing

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