Chapter 10 Self-test questions

The covenant for quiet enjoyment is…

a tenant's promise to her landlord that she will not make too much noise while occupying the leased premises.

a landlord's promise to her tenant that she will soundproof the leased premises.

a landlord's promise to her landlord that she will not substantially disturb the tenant's enjoyment of the leased premises.

None of the above.

Martha granted a weekly tenancy of a flat in London to Quentin on 1 April 2020. Quentin has discovered the presence of a dangerous mould that renders the property unsafe for human habitation. Martha argues that she has no obligation to remove the mould because it was there when Quentin agreed to rent the premises. Is she right?

No—all leases include an implied covenant that the premises will be fit for their intended purpose.

Yes—Martha is not in breach of the covenant of quiet enjoyment and she has no obligation to ensure that the premises are fit for human habitation because she has not expressly covenanted to do so.

No—Martha is in breach of the covenant of quiet enjoyment.

No—although Martha is not in breach of the covenant of quiet enjoyment, she has an obligation to ensure that the premises are fit for human habitation because she has granted a short lease after 20 March 2019.

A leased a house from B as a monthly tenant. As a result of normal wear and tear, the roof is now in a dangerous state of disrepair. Who is liable to fix it?

A, because all tenants have an obligation to keep the leased premises in a state of good repair.

B, because all landlords have an obligation to keep the leased premises in a state of good repair.

A, because a tenant covenant to keep the structure and exterior of premises in good repair is implied by statute into a short lease of a dwelling.

B, because a landlord covenant to keep the structure and exterior of premises in good repair is implied by statute into a short lease of a dwelling.

Impossible to say—it depends on the express terms of the lease.

A leased a house from B for 10 years. The lease included a covenant, by A, not to assign the lease without B's consent. A asked for B's consent to assign the lease to C, but B has refused consent and has refused to say why. A now wants to ask a court to give him permission to assign the lease to C. Will a court give him permission to do so?

No, the court will not authorise a breach of covenant.

Yes, if the court considers B's refusal of consent to the assignment unreasonable.

Yes, if the court considers B's refusal of consent to the assignment to be objectively wrong.

None of the above.

A leased a house from B for 10 years. The lease included a covenant, by A, not to assign the lease without B's consent. Several months ago, A asked for B's consent to assign the lease to C, but B never replied. A has now applied to the court to give him permission to assign the lease to C and B has given a list of reasons why C is an objectionable tenant. Should the court consider these reasons?

Yes, B was under no obligation to respond to A's application for permission to assign.

Yes, B's breach of his obligation to respond to A's application for permission to assign is not relevant to whether it is unreasonable to withhold consent.

No, B cannot rely now on reasons for withholding consent that he did not give A in writing at the time of the original application.

None of the above.

What does the duty to avoid 'waste' mean, in the context of landlord and tenant obligations?

'Waste' refers to the landlord's obligation to ensure the tenant has a means of rubbish disposal.

'Waste' refers to the landlord's obligation to ensure that the leased premises are energy efficient.

'Waste' refers to the tenant's obligation to ensure that the leased premises are not left vacant at any point during the tenancy.

'Waste' refers to the tenant's obligation to avoid acts or omissions that alter the state of the leased premises.

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