Chapter 7 Multiple choice questions

. Which one of the following statements is FALSE?

An express covenant to repair should not require the tenant to renew virtually the whole of the property in one go.

An express covenant to repair should not impose upon a tenant repair costs that amount to the overall value of the property in a state of good repair.

An express covenant to repair does not impose upon a tenant an obligation to make improvements to the property.

An express covenant to repair imposes upon a tenant an obligation to correct design faults with the property as originally constructed even in cases where such faults are causing no further damage to the property.

. Which one of the following statements is TRUE?

The standard of repair a tenant is expected to meet under an express covenant to repair is determined by the landlord at the time of the disrepair.

The standard of repair a tenant is expected to meet under an express covenant to repair is determined by the landlord at the time the lease is granted.

The standard of repair a tenant is expected to meet under an express covenant to repair is determined according to the age, locality and character of the property at the time the lease is granted.

The standard of repair a tenant is expected to meet under an express covenant to repair is determined according to the age, locality and character of the property at the time of disrepair.

. Which one of the following statements is FALSE?

Sections 11-14 of the LTA 1985 only apply to leases of more than seven years in duration.

A landlord's liability to repair under ss11-14 LTA 1985 includes an obligation to keep in repair the structure of the property.

A landlord's liability to repair under ss11-14 LTA 1985 will only arise upon the landlord having acquired notice of the disrepair in question.

A landlord's liability to repair under ss11-14 LTA 1985 will generally not include liability to correct design faults with the property which themselves cause no further damage to the property.

. Which one of the following is NOT a remedy available to the landlord in respect of breach of a covenant to repair?

Forfeiture

Specific performance

Waiver

Damages

. Which one of the following statements is FALSE?

A covenant not to assign the property without the landlord's consent would probably not prevent a tenant from sub-letting the property without first obtaining consent.

In seeking the consent of a landlord to assign or sub-let a property, where such consent is required, the landlord must not unfairly withhold his consent.

Where consent to assign or sub-let the property is sought by a tenant as required under a qualified covenant, and a landlord withholds his consent, the burden rests with the landlord to show it was appropriate for him to withhold such consent.

Where consent to assign or sub-let the property is sought by a tenant of a commercial lease granted on /after 1^st January 1996, a refusal will be deemed acceptable where it is on a ground that has been specified in the lease.

. Leasehold covenants are binding between the original covenantor and covenantee upon what basis?

Privity of estate

Privity of contract

The rule under Halsall v Brizell (1957)

The rule under Wheeldon v Burrows (1879)

. Which one of the following statements is FALSE?

Some provisions under the LT(C)A 1995 apply to leases created before 1 January 1996.

One of the consequences of the LT(C)A 1995 is to reduce the extent to which an original tenant can remain liable under covenants he entered into once he has assigned the lease to another.

Under the LT(C)A 1995 the benefit and burden of all covenants, except those expressed to be personal, will pass to an assignee of both the reversion and the lease.

A lease created before 1 January 1996 but subsequently assigned after that date is a lease to which all the provisions under the LT(C)A 1995 will apply.

. In respect of a lease created before 1 January 1996, which one of the following is NOT a requirement under Spencers' Case (1583) for the burden of a covenant to pass to an assignee?

Notice of the covenant

Privity of estate

A legal assignment of a legal lease

The covenant must touch and concern the land

. Which one of the following statements is TRUE?

A landlord can never pursue a sub-tenant directly for breach of covenant.

Under a lease governed by the LT(C)A 1995 a landlord could pursue a sub-tenant directly in respect of a breach of any covenant by virtue of s3(5) LT(C)A 1995.

Under a lease created before 1 January 1996 a landlord could pursue a sub-tenant directly for breach of a covenant where the requirements under Tulk v Moxhay (1848) are satisfied.

A sub-tenant is not deemed to have notice of a covenant contained in the head lease unless he has actually looked at the head lease.

. Which one of the following statements is FALSE?

In respect of a lease created before 1 January 1996, the benefit of a covenant will pass to an assignee of the reversion by virtue of s141 LPA 1925.

In respect of a lease created before 1 January 1996, once the benefit of a covenant has passed to his assignee, the landlord loses any rights he had to pursue any breaches of covenants.

In respect of leases created after 1 January 1996, the burden of a covenant will generally pass to an assignee of the reversion by virtue of s3 LT(C)A 1995.

In respect of a lease created after 1 January 1996, as soon as the landlord has assigned his reversionary interest he can no longer be held liable for any breaches of landlord covenants.

. Michelle was granted a 10 year lease of a shop in 2015 by Luke which had a covenant to use the shop only to sell computer equipment. In 2020 Michelle lawfully assigned the lease to Lina. Lina has begun to sell food and drink from the shop. Will Michelle have any liability for this breach

Michelle will not be liable as she is automatically released on lawful assignment.

Michelle remains liable under the principles of privity of contract

Both Michelle and Lina will have liability for the breach and either can be sued

Michelle will be liable but can recoup and losses from a claim from Lina

Chapter 7 Multiple choice questions

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