Page 940 - SUBSEC October 2017_Neat

02231020/CAPE/SPEC 2017

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 Fitness for habitation
 Furnished residential premises must be fit for
habitation at the commencement of the tenancy
Collins v. Hopkins (1923). For example, drains
must not be defective – Wilson v. Finch-Hatton
(1877); premises must not be infected with bugs
Smith v. Marrable (1843).
 A landlord of residential apartments in a high
rise building has an implied duty to keep the
elevators, staircases and other common
facilities such as lighting, and garbage
disposal facilities in a reasonable state of
repair for the benefit of all the tenants in
the building.
 Breaches – failure to maintain common areas
(elevators, garbage disposal)

Any two implied covenants of the landlord clearly explained
2 marks each [4 marks]
Any two examples of breaches stated 1 mark each [2 marks]

(c) Issue: Whether Sunil has acquired a proprietary/equitable
interest in the property

Licence by estoppel gives rise to a proprietary interest in land
where:
 Promise made by the land owner. Mr Maraje promised to
transfer a parcel of land to Sunil in exchange for his
services
 The titleholder expends money on some improvement to
property or otherwise acts to his detriment. Based on Mr
Maraje’s promise, Sunil built a house on the land, and grew
crops
 The expenditure was made with the mistaken belief by the
person making it that he would enjoy some privilege or
interest in the land. Sunil acted with the mistaken belief
that he would acquire an interest in the property
 The titleholder knows that the licencee was acting to his
detriment with the mistaken belief that he would acquire
an interest in the land. Mr Maraje knew that the
expenditure was being made by Sunil, and that it was being
made with the mistaken belief that he would acquire an
interest in the property
 Equity will intervene to stop the legal title holder from
denying that the person making such expenditure had an
interest in the property.