Chapter 11 Self-test questions

What is an 'old tenancy'?

A lease created before 1 January 1926, to which many of the provisions of the Law of Property Act 1925 do not apply.

A lease created before 1 January 1996, to which many of the provisions of the Landlord and Tenant (Covenants) Act 1995 do not apply.

A lease created before 30 October 1985, to which many of the provisions of the Landlord and Tenant Act 1985 do not apply.

A lease created before 1 January 1661, to which many of the provisions of the Tenures Abolition Act 1660 do not apply.

In January 1992, A granted a 999-year lease to B. The lease included a covenant by B to pay a ground rent of £2000 once a year. In 2000, B sold the lease to C. In 2007, C sold the lease to D. D has failed to pay the ground rent for the year 2018. Who can A sue for the money?

Only B, because B is the only person who contractually agreed to pay the money; there is privity of contract only between A and B.

Only D, because D is the only current tenant; there is privity of estate only between A and D.

Only D, because D is the only person in breach of the obligation; neither B nor C is responsible for D's failure to pay.

Both B and D; there is privity of contract between A and B, and privity of estate between A and D.

B, C and D; there is privity of contract between A and B, and between A and C, and privity of estate between A and D.

In January 1998, A granted a 999-year lease to B. The lease included a covenant by B to pay a ground rent of £2000 once a year. In 2000, B sold the lease to C. In 2007, C sold the lease to D. D has failed to pay the ground rent for the year 2018. Who can A sue for the money?

Only B, because B is the only person who contractually agreed to pay the money; there is privity of contract only between A and B.

Only D, because D is the only current tenant; there is privity of estate only between A and D.

Only D, because D is the only person in breach of the obligation; neither B or C is responsible for D's failure to pay.

Both B and D; there is privity of contract between A and B, and privity of estate between A and D.

B, C and D; there is privity of contract between A and B, and between A and C, and privity of estate between A and D.

In January 1992, A granted a 999-year lease to B. The lease included a covenant by A to keep the property in good repair. In 2000, A sold the freehold reversion to C. Now the property has fallen into disrepair and C is refusing to pay for the repairs. Who can B sue to perform the repairs?

Only A, because A is the only person who contractually agreed to perform the repairs; there is privity of contract only between A and B.

Only C, because C is the only current landlord; there is privity of estate only between B and C.

Only C, because C is the only person in breach of the obligation; A is not responsible for C's failure to repair.

Both A and C; there is privity of contract between A and B, and privity of estate between B and C.

In January 1998, A granted a 999-year lease to B. The lease included a covenant by A to keep the property in good repair. In 2000, A sold the freehold reversion to C. Now the property has fallen into disrepair and C is refusing to pay for the repairs. Who can B sue to perform the repairs?

Only A, because A is the only person who contractually agreed to perform the repairs; there is privity of contract only between A and B.

Only C, because C is the only current landlord; there is privity of estate only between B and C.

Only C, because C is the only person in breach of the obligation; A is not responsible for C's failure to repair.

Both A and C; there is privity of contract between A and B, and privity of estate between B and C.

Which of the following statements accurately describes the liability of a subtenant to a head landlord?

In the case of an old lease, a subtenant owes the head landlord an obligation to perform all covenants in the head lease; in the case of a new lease, a subtenant owes the head landlord no obligations to perform any covenants in the head lease.

For both old and new leases, a subtenant owes the head landlord no obligation to perform any covenants in the head lease.

For both old and new leases, a subtenant owes the head landlord an obligation to perform all restrictive covenants in the head lease.

In the case of old leases, a subtenant owes the head landlord an obligation to perform all restrictive covenants in the head lease that comply with the requirements of Tulk v Moxhay (1848) 2 Ph 774; in the case of new leases, a subtenant owes the head landlord an obligation to perform all restrictive covenants in the head lease.

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