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š Navigating the Complexities of Landlord-Tenant Covenants in Property Law
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Manage episode 477912302 series 3649260
Land law leasehold covenants involve complex rules regarding assignment, subletting, repairs, and who remains liable throughout the lease term. We examine the critical differences between absolute and qualified covenants and explore the watershed distinction between leases granted before and after January 1996.
ā¢ If a lease is silent on assignment or subletting, tenants can freely assign without consent
ā¢ Most leases include either absolute covenants (no assignment) or qualified covenants (requiring reasonable consent)
ā¢ Landlords cannot unreasonably withhold consent under qualified covenants per Section 19(1)(a) of the Landlord and Tenant Act 1927
ā¢ Refusing consent based on discrimination is unlawful
ā¢ Repair covenants typically fall on tenants in long leases and landlords in short leases
ā¢ Without specific provisions, neither party is liable for repairs
ā¢ "Usual covenants" include right of forfeiture for non-payment of rent
ā¢ Pre-1996 leases maintain "enduring privity of contract" where original parties remain liable for the entire term
ā¢ Understanding the distinction between privity of contract and privity of estate is crucial
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Chapters
1. Navigating the Complexities of Landlord-Tenant Covenants in Property Law (00:00:00)
2. Introduction to Leasehold Covenants (00:00:11)
3. Silent Leases and Tenant Rights (00:00:45)
4. Reasonableness in Withholding Consent (00:01:36)
5. Repair and Insurance Covenants (00:06:00)
6. Understanding "Usual Covenants" (00:07:27)
7. Pre-1996 Lease Liability Rules (00:11:17)
8. Privity of Contract and Estate (00:14:55)
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