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Covenants in leases (Tenant's express covenants (Repair - takes into…

- - - - Very few rent controls contained in law - the only tenants protected are those with leases created before 1989 - still fall under Rent Act 1977
  - - - Absolute - strict construction of wording - Wilson v Rosenthal (1906) - covenant against subletting whole held not to prohibit subletting of part of the property
      - Qualified - not without LL's consent
        
        S19 LTA 1927 - consent cannot be unreasonably withheld - can't contract out
        
        S144 LPA 1925 - can't ask for payment unless specifically provided for in lease - though can for reasonable legal fees
        
        International Drilling Fluids (1996) - purpose of covenant is preventing LL from having their property used in an undesirable way, or by an undesirable tenant - looks at facts around this e.g. can't give unsatisfactory financial reference
        
        Ashworth Fraser v Gloucester CC - unreasonable - refused because proposed assignee had recently run off with LL's wife
        
        Several options for tenant if LL refuses unreasonably
        
        LTA 1988 - statutory duty imposed on LL to not refuse unreasonably, to respond to request within reasonable timeframe and give written reasons for refusing
        
        Can also seek declaration by County Court that consent was withheld unreasonably, or do it regardless
        
        After 1/1/1996
        
        S22 LT(C)A 1995 - amendment of s19 LTA - more in favour of LL - in commercial lease LL and tenant can agree circumstances for refusal - not unreasonable, and no accompanying conditions will be held unreasonable
        
        Not unreasonable to expect authorised guarantee as condition for consent agreement (AGA) - outgoing tenant guarantees incoming - liable
- - - - Exceptions
        
        Furnished premises at time of letting must be fit for human habitation - Smith v Marrable (1843)
        
        Human rights - Lee v Leeds CC (2002) - social housing
        
        If LTA 1985 applies
        
        Imposes obligation on LL to repair "structure, exterior and installations" - cannot contract out
        
        Structure - Irvine v Moran - part of property giving shape, apperance or stability - doesn't have to be loadbearing wall, can be windows etc.
        
        Grand v Gill - includes internal plastering
        
        Edwards v Jumarasamy (2016) - path leading to house not part of exterior on facts - common sense test
        
        LL's liability arises when he has notice of defect - OBrien v Robinson (1973)
        
        Edwards - added that needs to be notice of area controlled by tenant
        
        Only applies to leases
        
        Must be residential lease for less than 7 years