191893 Delivery Time :Standard – 5 Days per 5000 words Title: QUESTION: PART A (i) Leslie plc, by deed, granted a ten-year lease of certain premises to Target Ltd from 1st November 2000. The lease included covenants by Target Ltd. not to assign or sub-let the whole or any part of the premises without the landlord’s consent, to keep the premises in repair and to pay the quarterly rent. There was a proviso for re-entry in the event of breach of any covenant. In 2002, Target, with Leslie’s consent, assigned the lease to Ace Co. Ltd. In 2004, Leslie sold and conveyed the freehold reversion of the premises to Rake plc. Rake has discovered that Ace has, without seeking consent, given a monthly sub-tenancy of part of the premises to Simon and that the premises are out of repair. Rake informed Ace of its concern over these matters in a letter accompanying the demand for the quarter’s rent due on 1st November 2006 and stated that it, Rake, was considering its position. Ace sent a cheque in response to the demand, which Rake has not yet cashed. You are a trainee in the firm of solicitors consulted by Rake. Your principal has asked you to Produce a report of 1,200 words outlining the legal principles and identifying the relevant statutory provisions and cases as to whether: (a)Rake has the benefit and Ace has the burden of the covenants in the lease; (b)either breach of covenant has been waived so as to prevent Rake being able to take forfeiture action in respect of that breach; (c)whether the breaches are irremediable for the purposes of s.146 (1) of the Law of Property Act 1925 Your report should identify whether there are any particularly relevant or recent cases on these issues. Advice will be given to Rake plc on the basis of this report. QUESTION: PART B Explain precisely (in 300 – 350 words) what was your research strategy and how you carried out the research under Question: Part A, giving details of the electronic searches that you made. Outside the word limit, give a bibliography of all books and databases used to carry out the research, and give a list of all cases that you consulted (whether or not actually used), with their references. To decide on who has the burden and the benefit of the covenant it is necessary to analyze the type of covenant that was originally made between Leslie Plc and Target. Covenants against assignment can either be absolute or qualified. An absolute covenant would prevent any assignment or subletting. A qualified covenant entitles the tenant to sublet or assign with the landlords consent. Under the Landlord and Tenant Act 1927 s19 (1) the landlord cannot withhold consent unreasonably. Should he decide to withhold consent he would have to show that consent is being withheld reasonably. Reasonableness is not defined in the legislation but has been defined by case law.
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