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.
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