Chapter 21 Self-test questions

. The concept of _______________ ______ _______ continues to be central to the enforceability of leasehold covenants by and against the current parties to the lease.

. A fifty year lease is executed in June 1990 between LO and TO. In 1997, TO assigns her lease to TA. In 1999, LO sells his land to LA. A dispute has since arisen following TA's failure to pay the rent. Which actions are possible?
Please select all that apply.

. A fifty year lease is executed in June 1999 between LO and TO. In 2003, TO assigns her lease to TA. In 2005, LO sells his land to LA. A dispute arose following TA's failure to pay the rent. Which actions are possible?
Please select all that apply.

. LO leases land to TO in 1990 for a period of ten years. The lease includes a clause giving TO an option to purchase the landlord's reversion for a set price at any time during the leasehold term. In 1995, TO assigns the lease to TA. TA can exercise the option to purchase the property for the set price in 1998.

. In 1996, LO creates a ten year lease in favour of TO. The lease includes a covenant only to use the land for non-commercial purposes.
In 2000, TO creates a five year sub-lease in favour of STO containing no such clause. The sub-lease makes no reference to the head-lease or to LO.

In 2001, STO creates a new three year lease in favour of SSTO. The sub-sub-lease makes no reference to the head-lease, to LO or to STO.
SSTO uses the land for her business.
What action can be brought to prevent SSTO from using the land for her business?

. In respect of covenants to repair, match the breach to the most relevant form of recovery.

The tenant fails to repair but the land then collapses into the sea

.

The landlord of a house fails to repair despite multiple requests from the tenant

.

The landlord of a warehouse fails to repair despite multiple requests from the tenant

.

The tenant of a warehouse fails to repair despite multiple requests from the landlord

. Forfeiture is the process by which a landlord can __________ a lease by exercising a right to re-enter the premises.

. 'Until an application for forfeiture has been decided, it will not be known whether the lease will remain forfeited or whether it will be restored as if it had never been forfeited […] The tenancy has a __________ existence pendente lite.'

. A breach of a negative covenant cannot be remedied.

. LO creates a ten year lease in favour of TO. Two years later, TO legitimately creates a seven year sub-lease in favour of STO.

Being in breach of a covenant, LO serves TO with a s.146 notice. Which of the following may be available to STO?

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