Since the lease was granted in 1998, it comes under the LTCA 1995 and hence, does not have to fulfill the requirements stipulate by Lord Oliver in Swift Investments v Combined English Stores etc (1989). Moreover, even though the lease concerning the present scenario is legal,…
s laundry, or pay the rent, the former being personal and the latter being proprietary, and the burden under the personal covenants would run with the land provided the assignment was NOT in contradiction of any of the covenant stipulations. Moreover, the only time a burden under the covenant may not run with the land is when it is expressed to be personal (s 2 and 3 of the LTCA 1995). This shall be considered below.
(a) As regards the repair covenant, it is enforceable against the assignee, as the burden passes to Meg by power of the statute so long as the assignment was not in contradiction of any other covenant. Since Emma was obligated to obtain consent of the landlord under the lease prior to an assignment (probably to make her sign an Authorised Guarantee Agreement under ss 5 and 16 of the LTCA) which she did not, it is reasonable to assume that she has breached the covenant herself, hence, she was not statutorily released from liability (s 5). Thus, Richard may sue Emma for damages for breach and Meg for specific performance, though it is difficult to enforce a repairing covenant as the courts regard it harder to monitor. However, in light of exceptional circumstances, where the tenant is in breach of her covenant to obtain consent before assignment, it is likely that the courts would grant specific performance to Richard against Meg requiring her to repair the property (Rainbow Estates v Tokenhold (1988)), owing to Richard’s benefit of the repair covenant.
Moreover, since there is no distinction made under the act between personal and proprietary covenants, nor was it expressed the be personal, Richard may enforce the painting covenant against Meg (ss 2 and 3 of the LTCA).
(b) Richard has the ability to forfeit the lease owing to the forfeiture clause in the original lease and thereby obtain possession of the property. However, in order to do this successfully, he needs to follow the exact procedure laid down in s 146 of the Law of Property Act 1925 ...
Cite this document
(“73 PROPERTY LAW QUESTIONS TO BE ANSWERED WITH 73 ANSWERS, ONE ANSWER Essay”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/400019-73-property-law-questions-to-be-answered-with-73-answers-one-answer-for-each-question
(73 PROPERTY LAW QUESTIONS TO BE ANSWERED WITH 73 ANSWERS, ONE ANSWER Essay)
“73 PROPERTY LAW QUESTIONS TO BE ANSWERED WITH 73 ANSWERS, ONE ANSWER Essay”, n.d. https://studentshare.net/miscellaneous/400019-73-property-law-questions-to-be-answered-with-73-answers-one-answer-for-each-question.
Shakespeare's sonnets are some of the most beautiful poems that come to us from the past. His Mr W.H. Series, which have initiated much speculation regarding Shakespeare's sexuality, is particularly moving in its entreatments to live life to the fullest.
The first definition offered is that every citizen must live up to his/her legal obligations and be honest. 2. The next definition is that an individual owes his/her friend help and his/her enemies harm. 3. Another definition is that justice is paying debts and speaking truth.
When the mistake is operative the contract is usually void ab initio, i.e., from the beginning. Therefore, no property will pass under it and no obligations can arise under it.
Regarding various types of mistakes, common mistake is one when both parties make the same error relating to a fundamental fact.
They appoint good, committed staff members who carefully carry out all the specified tasks and make timely and appropriate recommendations. These are all good things but they do not necessarily bring about good results. The case study shows that the administrators and the
To fully understand its activities, I studied the operations of the BBBS chapter in Savannah, GA.
The organization is undoubtedly one of the best charitable organizations in the area. The chapter is highly
People value those things which they own more in the divestiture aversion as evidence by the fact that someone will pay more to have what he initially owned compared to them purchasing another person’s item.
Financial debt and devaluation of currency. Countries that have
ituation is experienced and to place it in another frame which fits the facts of the same situation equally well or even better, and thereby changing its entire meaning”. Or in short, looking at things differently.
Imagination enables one to explore the possibilities of
2 Pages(500 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic 73 PROPERTY LAW QUESTIONS TO BE ANSWERED WITH 73 ANSWERS, ONE ANSWER FOR EACH QUESTION for FREE!