Page 939 - SUBSEC October 2017_Neat

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SECTION C

MODULE 3 - REAL PROPERTY

Question 3

Specific Objectives: 4 (a), 4 (c)

(a) Bare licence
 A mere permission to enter on the land of the licensor to
do something;
 No consideration is exchanged;
 May be revoked at any time by the licensor without
notice, but the licencee must be given a time to leave;
 Licencee becomes a trespasser once time given to remain
on the property has expired.
Clear explanation of any two features 2 marks each [4 marks]
Partial explanation 1 mark each

(b) (i) Implied covenants of the landlord
 Quiet enjoyment
 At common law there is an implied covenant of
the landlord that once the tenant has been put
in possession of the property he shall have
quiet enjoyment of the property during the
continuation of the lease.
 The tenant is entitled to recover damages if the
landlord or any other person claiming through
him substantially disturbs or physically
interferes with the tenant’s enjoyment of the
land.
 Examples of breaches - blocking the tenant’s
access to outdoor facilities, bulldozing
structures on the premise, removing doors,
windows or rook of the building in order to get
rid of the tenant – Lavender v. Betts (1942);
causing the electricity or water supply to be
cut off – Tapper v. Myrie (1968)

 Non-derogation from grant
 Landlord must not frustrate the use of the land
for the purpose for which it was let – Browne
v. Flower (1911)
 To constitute a breach of covenant the landlord
must do some act which renders the demised
premises substantially less fit for the purposed
for which they were let
 For example, excessive dust and fumes given off
from neighbouring land seriously interfering
with the use and enjoyment of land.
 Any other relevant point