Lease Covenant Breach Options

Summary

Leo can enforce the lease covenants against Xavier, including maintaining the premises and prohibiting immoral use. Options include serving a notice to repair the roof, terminating the lease for breach of contract, or taking legal action for damages. Consulting a local attorney for detailed guidance is advisable.

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Five years ago Marge granted a *-year lease of a building comprising a shop and flats in Jamaica to Xavier. The lease contained the following covenants by the tenant that: “…the premises should be kept in good tenantable repair, fair wear and tear excepted; and ….” “……. the premises should not be used for immoral purposes.” Xavier later sublet the flats to Tyrone, and Marge subsequently conveyed the reversion in the whole of the property to Leo. Leo now discovers that the flats are being used for immoral purposes, that tiles have been blown from the roof and not been replaced, and that the roof timbers have consequently become damp and are now affected by dry rot. Advise Leo by way of a letter on the options open to him. I have also uploaded a PDF document use this document to help you answer the question and advise Leo.
Hi AJ,
Here's a brief outline of the options available to Leo:
- Enforce Lease Covenants: Leo can enforce the original covenants in the lease against Xavier. This includes ensuring the premises are kept in good repair and not used for immoral purposes.
- Serve Notice to Repair: Leo can serve a notice to Xavier to repair the roof and address any damages caused by the lack of maintenance.
- Terminate the Lease: If the covenants are not adhered to, Leo may have grounds to terminate the lease due to breach of contract.
- Legal Action: Leo can take legal action against Xavier for breaching the covenants, which may include seeking damages.
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Aj
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