Chapter 10 Self-test questions

. Which one of the following statements is correct?

For leases granted before 1 January 1996, the principles on the enforceability of leasehold covenants are determined entirely by common law rules.

For leases granted before 1 January 1996, the principles on the enforceability of leasehold covenants are determined entirely by statute law.

For leases granted before 1 January 1996, the principles on the enforceability of leasehold covenants are an amalgam of common law rules and statutory interventions.

Before 1 January 1996, leasehold covenants were not enforceable.

. Which one of the following statements is correct?

The new regime ushered in by the Landlord and Tenant (Covenants) Act 1995 operates retrospectively only.

The new regime ushered in by the Landlord and Tenant (Covenants) Act 1995 operates prospectively only.

The new regime ushered in by the Landlord and Tenant (Covenants) Act 1995 operates both retrospectively and prospectively.

The 1995 legislation has never been brought into full force.

. Which statutory provision provides that upon assignment of the landlord's reversion, the benefit of all covenants that have 'reference to the subject-matter' of the lease will run with the reversion? Select one of the following.

Section 141(1) of the LPA 1925

Section 142 (1) of the LPA 1925

Section 146 of the LPA 1925

Section 205 of the LPA 1925

. Which one of the following cases is authority for the proposition that, in the pre-1 January 1996 law, where there is an assignment of the tenant's lease, two elements must be met: (1) there must be privity of estate between the assignee of the lease and the landlord subject to the benefit and burdens of the leasehold covenants; and (2) the covenant must 'touch and concern' the land?

Spencer's Case (1583)

Tulk v Moxhay (1848)

John Betts & Sons Ltd v Price (1924)

Pennell v Payne (1995)

. As regards a landlord's position vis-à-vis a defaulting subtenant, in terms of enforcement of any covenants, which one of the following is incorrect?

The landlord will able to enforce the covenants directly against the defaulting subtenant.

There are a number of indirect methods to ensure a landlord can enforce the covenant against a defaulting subtenant.

Section1(1)(b) of the Contracts (Rights of Third Parties) Act 1999 might come to the assistance of a landlord in such a situation.

A well-drafted sublease will include a clause requiring subtenants to comply with covenants contained within the headlease, meaning the landlord will sit in a relationship of privity of contract with the defaulting subtenant.

. Which one of the following statements is correct?

The Landlord and Tenant (Covenants) Act 1995 gave rise to an entirely new statutory regime for enforcement of covenants granted after 1 January 1996.

The Landlord and Tenant (Covenants) Act 1995 drew heavily on the old law pre-1996.

The Landlord and Tenant (Covenants) Act 1995 ushered in broad judicial discretion to determine enforceability issues.

The Landlord and Tenant (Covenants) Act 1995 made, on reflection, only minor changes to the law pre-1996.

. In critiquing the old law pre-1996, which one of the following was not a point of criticism of that regime made by the Law Commission?

The old law was regarded as intrinsically unfair in that an individual should bear a burden under a contract when they derive no benefit from it and over which they exercise no control.

The operation of the principle of continuing liability of the original tenant distorted and was out of step with public perception of the landlord and tenant relationship.

The public did not realize that the original parties had a continuing liability and such liability was routinely not made plain on the face of most tenancy agreements.

There was little difference in the bargaining positions of landlords and tenants and so the law lacked clarity and transparency.

. In proposing a new regime, which one of the following was not cited as a key guiding principle behind the reforms recommended by the Law Commission which led to the 1995 Act?

A landlord or tenant of property should not continue to enjoy rights nor be under any obligation arising from a lease once he has parted with all interest in the property.

All terms of the lease should be regarded as a single bargain for letting the property. When the interest of one of the parties changes hands, the successor should fully take his predecessor's place as landlord or tenant, without distinguishing between different categories of covenant.

It was key that there should be a 'clean break' upon the transfer of lease property.

The privity of control principle in the law of leasehold covenants should be abolished.

. Which provision of the LTCA 1995 provides that, upon assignment of her lease, the original tenant is released from contractual liability for default by the tenant's assignee? Select one of the following.

Section 1 of the LTCA 1995

Section 3 of the LTCA 1995

Section 5 of the LTCA 1995

Section 6 of the LTCA 1995

. What is the effect of s. 3 of the LTCA 1995? Select one of the following.

The effect of s. 3(1) of the 1995 Act is the automatic passing of the benefit and burden of leasehold covenants upon an assignment of the reversion of the lease.

The effect of s. 3(1) of the 1995 Act is that the passing of the benefit and burden of leasehold covenants upon an assignment of the reversion of the lease requires certain formality requirements.

The effect of s. 3(1) of the 1995 Act is the benefit and burden of leasehold covenants upon an assignment of the reversion of the lease cannot be transmitted.

The effect of s. 3(1) of the 1995 Act is that if the benefit and burden of leasehold covenants are to be transmitted upon an assignment of the reversion of the lease, privity of estate must be established.

. When it comes to the landlord's remedies for breach of a leasehold covenant by a tenant, which one of the following is the most potent weapon in a landlord's remedial armoury?

Inunction and specific performance

Commercial Rent Arrears Recovery (CRAR)

An action for damages

Forfeiture

. As to the availability of the remedy of forfeiture, which one of the following statements is incorrect?

Forfeiture will be available where the lease contains an express forfeiture clause.

Forfeiture will be available where the covenant breached is formulated as a condition.

Forfeiture will be available where the right to forfeit is implied into the lease.

Forfeiture will be available whenever a covenant is breached

. Which one of the following statements is correct?

A landlord can waive a right to forfeit a lease.

A landlord cannot waive the right to forfeit a lease.

A landlord who has waived a right to forfeit can subsequently forfeit the lease.

A landlord has not been able to waive the right to forfeit since enactment of the LTCA 1995.

. When it comes to forfeiture for breach of covenants not concerning rent, which one of the following is the key statutory provision?

Section 166 of the Commonhold and Leasehold Reform Act 2002

Section 138 of the County Courts Act 1984

Section 146 of the LPA 1925

Section 116 of the LRA 2002

. As to the question of the remediability of breaches other than as to non-payment of rent, which two breaches of covenant did Neuberger LJ in Akici find not to be capable of remedy? Select one of the following.

Neuberger LJ in Akici indicated that breaches of the covenant against subletting and covenant against erecting signage were irremediable.

Neuberger LJ in Akici indicated that breaches of the covenant against immoral user and covenant against erecting signage were irremediable.

Neuberger LJ in Akici indicated that breaches of the covenant against immoral user and covenant against parting with possession were irremediable.

Neuberger LJ in Akici indicated that breaches of the covenant against subletting and covenant against immoral user were irremediable.

. Which one of the following is not a key remedy available to a tenant facing a breach by her landlord?

Action for damages

Injunction

Specific performance

An estoppel claim

. As to an action for damages against brought by a tenant against a defaulting landlord, which one of the following statements is incorrect?

A tenant can bring an action to recover damages for any loss caused by the landlord's breach.

An action for damages can only be brought in relation to those covenants expressly contained in the tenancy agreement.

An action for damages can be brought in relation to any breach of a landlord's leasehold covenants.

The award of damages will seek to put the tenant in the position as if the breach had not been committed.

. In which one of the following circumstances will an injunction be available for breach of a landlord's covenants?

As a matter of right.

Only once consequential loss has been proven.

At the absolute discretion of the court.

If the landlord consents and agrees to the injunction.

. Under which provision is the court given an express statutory jurisdiction to order specific performance of a landlord's repairing covenants in residential leases? Select one of the following.

Section 17 of the LPA 1925

Section 17 of the Landlord and Tenant Act 1985

Section 17 of the LCA 1972

Section 17 of the LRA 2002

. What is the central change introduced by the Homes (Fitness for Human Habitation) Act 2018? Select one of the following.

It made it illegal for any dwelling to be unfit for human habitation.

It made it impossible for any landlord to advertise publicly non-decent homes.

It introduced an implied covenant of fitness for human habitation into residential tenancies.

It introduced public health measures to increase awareness among the public of the dangerous of unfit housing.

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