Chapter 5 Scenario questions

. Gurpreet is in process of moving out of her parents' house, and moving into her first rented flat. She does not know the law on what formalities the lease must take, but her term is for 5 years, as she like security. What type of tenancy will Gurpreet have, and what document must be used in the lease's creation?

It will be a fixed-term tenancy and mere writing can be used

It will be a periodic tenancy and a deed must be used

It will be a fixed-term tenancy and a deed must be used

It is a periodic tenancy and writing is not required

. Hasdrubal is in the process of moving into a new rented flat as he is a doctor and is taking up a position in a new hospital, but is concerned about whether there is any certainty as to the length of the lease. The contract states that the lease will last "until Hasdrubal stops working at the local hospital", and will pay his rent every 2 months. Will there be certainty of term in regard the lease?

The lease will be interpreted as a 'lease for life' and have a term of 90 years

There will be no certainty in regard the reference to "until Hasdrubal stops working at the local hospital", but there will be a two-month periodic tenancy

There is no certainty of term, and Hasdrubal will have a mere licence

There will be certainty in regard the reference to "until Hasdrubal stops working at the local hospital", but there will no certainty in regard the reference to the rent being paid every two months

. Hasdrubal has come to you with another issue regarding his tenancy. The tenancy agreement states that because the flat has two bedrooms in it, the "landlord may move his entire family into the unused bedroom without notice". His family consists of 7 people, and the landlord owns 9 other properties. To assist with this, the landlord has retained a set of keys. Will the term or the retention of a set of keys prevent there being exclusive possession?

Neither the term nor the retention of a set of keys will prevent there being exclusive possession

The term will prevent there being exclusive possession, but the retention of a set of keys will not prevent there being exclusive possession

Both the term and the retention of a set of keys will prevent there being exclusive possession

The term will not prevent there being exclusive possession, but the retention of a set of keys will prevent there being exclusive possession

. Two months ago, Josh entered into a lease on a semi-detached house in Ipswich. However, a couple of weeks after moving in, he realised that the house has been built in such a way as to amplify the neighbour's daily actions, and the noise is unbearable. He has complained to his landlord, who has decided he wishes to get rid of Josh by playing the speeches of Harold Wilson at full volume during each evening. What leasehold covenant has been breached?

The landlord's playing of loud music will constitute a breach of the covenant of non-derogation from grant

The poor design of the house in amplifying the action of next door to an unbearable volume will constitute a breach of the covenant of non-derogation from grant

The poor design of the house in amplifying the action of next door to an unbearable volume will constitute a breach of the covenant of permitting 'quite enjoyment'

The landlord's playing of loud music will constitute a breach of the covenant of permitting 'quite enjoyment'

. Novak is a tenant to a 983-year lease on a 4 bedroom flat, and is in the process of selling the flat. His original landlord, Derek, sold the freehold to the property last year to the new freehold owner, Jeremiah, but it was never requested that Derek be released from the covenants. The prospective purchaser, Chisa, wishes to clarify who will bear the burden of the lease's landlord and tenants covenants respectively should she purchase the flat.

Novak will bear the burden of the tenant's covenants, and both Derek and Jeremiah will bear the burden of the landlord's covenants.

Chisa will bear the burden of the tenant's covenants, and Jeremiah will bear the burden of the landlord's covenants.

Chisa will bear the burden of the tenant's covenants, and both Derek and Jeremiah will bear the burden of the landlord's covenants.

Novak will bear the burden of the tenant's covenants, and Derek will bear the burden of the landlord's covenants.

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