COVENANTS – QUIET ENJOYMENT AND NON DEROGATION FROM GRANT
EXAM NOTES, TUTORIAL QUESTIONS WITH ANSWERS FROM TUTOR, CASE SUMMARIES AND PRINCIPLES FOR ALL
THE REQUIRED CASE LAW.
- Study table for exams provided
- Answer structure for covenants questions
- Exam tips
ABBREVIATION USED MEANING
LL Landlord
T Tenant
QE Quiet enjoyment
CL Common law
Covenant for quiet enjoyment and non-derogation from grant are implied covenants.
NB: Express covenants prevail over implied.
STRUCTURE:
1- whether the acts complained of are capable of amounting to a breach of the covenant?
2- secondly if the acts breach the covenant, whether there is credible evidence in this regard?
Biscombe v Ryan = The implied covenant protects the tenant against the acts of the landlord or persons claiming under him which interfere with
the tenant’s enjoyment of the demised premises.
EXAM NOTES, TUTORIAL QUESTIONS WITH ANSWERS FROM TUTOR, CASE SUMMARIES AND PRINCIPLES FOR ALL
THE REQUIRED CASE LAW.
- Study table for exams provided
- Answer structure for covenants questions
- Exam tips
ABBREVIATION USED MEANING
LL Landlord
T Tenant
QE Quiet enjoyment
CL Common law
Covenant for quiet enjoyment and non-derogation from grant are implied covenants.
NB: Express covenants prevail over implied.
STRUCTURE:
1- whether the acts complained of are capable of amounting to a breach of the covenant?
2- secondly if the acts breach the covenant, whether there is credible evidence in this regard?
Biscombe v Ryan = The implied covenant protects the tenant against the acts of the landlord or persons claiming under him which interfere with
the tenant’s enjoyment of the demised premises.
