oHopwood v Cannock Chase District Council: Pavement/concrete did notform part of the ‘exterior’ as it was not an essential means of accessBrown v Liverpool Corp: steps and flagstones didform part of the‘exterior’ as were an essential means of accessKing v South Northamptonshire DC: rear footpath access to adwelling-house was notpart of the ‘exterior’ in this case – questionof fact and degreeTenantTo pay rentTo pay rates and taxesTo allow landlord to enter and viewTo use the premises in a ‘tenant-like’ manneroWarran v Keen– little jobs about the place that a tenant would do, not damage the house etc, keepit maintained.6
Revision: Land[LEASES: COVENANTS]Not to commit waste– must not damage/destroy a propertyLandlord’s RemediesFor Non-Payment of Renta)Action for debt: tenant sued on his/her covenant to payb)Distress: ancient common law remedy, entitling landlord to enter the premises as soon as therent is due and unpaid and to take possession of goods (reformed by part 3 of the TribunalsCourts and Enforcement Act 2007– but this has not been brought into force)Since Human Rights Act 1998: concern about potential breach of Articles 6, 8 and 1c)Forfeiture For Breaches of other CovenantsoInjunctionoSpecific Performance: this is rate as damages are usually adequateoDamages: ordinary contractual rules usually apply, although where tenant breaches a repairingcovenant, s18 LTA 1927 governs calculation of damagesoForfeitureTenant’s RemediesInjunction: Either prohibitory, or in exceptional cases mandatory (e.g. Parker v Camden LBC)Specific PerformanceDamages: Normal contractual rules applyoFor landlord’s disrepair, the tenant can claim reduction in the value of the lease, for distress andinconvenience, and also for and particular losses such as cost of living elsewhere (‘special damages’)Repudiation: used in Hussein v MehlmanSet-of: where landlord is in breach of a repair covenant, the tenant has a right to carry out the repairshimself and deduct the monies paid from the rent payable (Lee-Parker v Izzet)oBUT: qualifications to this right – can be expressly excluded (Electricity Supply v IAF)7
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- Fall '19
- landlord, Leasehold estate