Wednesday, November 20, 2019
UK LAND LAW (question is in the instructions box) Essay
UK LAND LAW (question is in the instructions box) - Essay Example on relates to whether the lease transferred by Troy to Ai-Ai was in conformity or in breach of Lakshmis covenants in the initial lease agreement or not. The second issue relates to Troys position in the contract after the property is transferred to Ai-Ai. Is Troy bounded by his guarantee to check performances of new assignees or not. What is the position of the guarantee in relation to Lakshmi and can be held responsible for the actions of Ai-Ai and Boo? The third issue relates to the possibility of Ai-Ais transfer of the property to Boo. Is the extended holiday in Thailand tantamount to abandonment and is Boos usage of the property tantamount to an assignment? This is an issue because Ai-Ai does not have the right to assign the property without Lakshmis consent. Hence, there is a clear breach. But what are the legal implications? Can Lakshmi sue for forfeiture? The final pointer that will be examined is the legal position of Boos breaking down of the wall in the property to allow in more air. Alterations on the property is a covenant in the lease. Does Lakshmi have the right of forefeiture? And a possible request for damages? A leasehold covenant is a clause in a lease specifying specific obligations on the part of either party2. This include express terms about how things will occur and how the lease is to be regulated. An assignment occurs when a tenant transfers whole or part of his remaining interest in the property to someone else who is an assignee. An assignment is somewhat like a three tier arrangement between a landlord who hands over to the tenant who also hands over to an assignee. In some cases, leases forbid assignments because landlords do not want their property to be transferred to assignees they do not know3. However, in a case where the lease agreement forbids tenants from assignments, a tenant can transfer interest in the lease to another person with the consent of the landlord and this transferee becomes a sub-tenant4. When a tenant
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.