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Legal Terms - covenant to repair
a provision that most *lease agreements have that outlines each party's responsibility for making repairs. The caliber of the fix is dependent upon
the covenant's conditions, the type of property, and the environment around it. As a general rule, the property needs to be kept in the kind of condition that a reasonable tenant would anticipate. Even if the property was damaged or in disrepair at the beginning of the lease, the person doing the repairs must return it to the state it was in before the damage or need for repair appeared. In a building comprising apartments or workplaces, the tenant is often in charge of internal repairs and the landlord is typically in charge of external ones. In the event of a short lease, this is more likely to be the landlord; in the case of a longer lease, this is more likely to be the tenant. According to the Landlord and Tenant Act of 1985, Section 11, a landlord is required by law to fix a dwelling house's exterior, structure, and heating and sanitary equipment if it is rented for fewer than seven years.
The landlord may choose to sue the tenant for damages or use *forfeiture as a remedy if the tenant fails to fulfill his repair responsibilities. The difference between the value of the premises as-is and the worth of the premises once they have been properly repaired serves as the measure of damages (Landlord and Tenant Act 1927 § 18). The tenant has three options if the landlord violates the covenant: he may file a lawsuit for damages (including the cost of providing alternative housing, if necessary); he may file a lawsuit for *specific performance, which is a court order compelling the landlord to fulfill his obligations; or, if he is certain that the landlord is in violation of the covenant and he has informed the landlord of the violation, he may make the necessary repairs on his own and recoup the expense from the landlord.
a provision that most *lease agreements have that outlines each party's responsibility for making repairs. The caliber of the fix is dependent upon
the covenant's conditions, the type of property, and the environment around it. As a general rule, the property needs to be kept in the kind of condition that a reasonable tenant would anticipate. Even if the property was damaged or in disrepair at the beginning of the lease, the person doing the repairs must return it to the state it was in before the damage or need for repair appeared. In a building comprising apartments or workplaces, the tenant is often in charge of internal repairs and the landlord is typically in charge of external ones. In the event of a short lease, this is more likely to be the landlord; in the case of a longer lease, this is more likely to be the tenant. According to the Landlord and Tenant Act of 1985, Section 11, a landlord is required by law to fix a dwelling house's exterior, structure, and heating and sanitary equipment if it is rented for fewer than seven years.
The landlord may choose to sue the tenant for damages or use *forfeiture as a remedy if the tenant fails to fulfill his repair responsibilities. The difference between the value of the premises as-is and the worth of the premises once they have been properly repaired serves as the measure of damages (Landlord and Tenant Act 1927 § 18). The tenant has three options if the landlord violates the covenant: he may file a lawsuit for damages (including the cost of providing alternative housing, if necessary); he may file a lawsuit for *specific performance, which is a court order compelling the landlord to fulfill his obligations; or, if he is certain that the landlord is in violation of the covenant and he has informed the landlord of the violation, he may make the necessary repairs on his own and recoup the expense from the landlord.
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Legal Terms - covenant running with the land
1. A *restrictive covenant that binds or benefits third parties who purchase freehold land. If a restrictive covenant is designed to benefit and has the potential to benefit land owned by the covenantor (the *dominant tenement), it runs with the land of the covenantee (Tulk v. Moxhay (1842) 2 Ph 774). If a buyer gets notice of a covenant made prior to 1926, he is obligated to pay the legal estate's value in the *servient tenement; if a covenant made after 1925, the buyer is not obligated to pay money or the legal estate's worth unless it is registered. According to Rhone v. Stephens [1994] 2 AC 310, a positive covenant—that is, an obligation to carry out an act—does not run with the land. 2. A covenant in a lease that might be positive or restrictive and that "touches and concerns" the land, meaning it impacts the land's worth, nature, or pleasure, will bind the tenant's and landlord's successors in title as long as there is *privity of estate between them.
1. A *restrictive covenant that binds or benefits third parties who purchase freehold land. If a restrictive covenant is designed to benefit and has the potential to benefit land owned by the covenantor (the *dominant tenement), it runs with the land of the covenantee (Tulk v. Moxhay (1842) 2 Ph 774). If a buyer gets notice of a covenant made prior to 1926, he is obligated to pay the legal estate's value in the *servient tenement; if a covenant made after 1925, the buyer is not obligated to pay money or the legal estate's worth unless it is registered. According to Rhone v. Stephens [1994] 2 AC 310, a positive covenant—that is, an obligation to carry out an act—does not run with the land. 2. A covenant in a lease that might be positive or restrictive and that "touches and concerns" the land, meaning it impacts the land's worth, nature, or pleasure, will bind the tenant's and landlord's successors in title as long as there is *privity of estate between them.
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Legal Terms - Courts and Tribunals Service, HM
a government organization that was established on April 1st, 2011 and is the result of the integration of the previous Tribunals Service and HM Courts Service. The Service is in charge of running the non-devolved tribunals in Scotland and Northern Ireland, as well as the central government tribunals and the criminal, civil, and family courts in England and Wales.
a government organization that was established on April 1st, 2011 and is the result of the integration of the previous Tribunals Service and HM Courts Service. The Service is in charge of running the non-devolved tribunals in Scotland and Northern Ireland, as well as the central government tribunals and the criminal, civil, and family courts in England and Wales.
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Legal Terms – Court of Record
The Court of King's Bench was the name of the court of record when the sovereign was a king. a court whose decisions and actions are preserved and documented for all time. The main importance of these courts in contemporary practice is their ability to impose penalties for *contempt of court.
The Court of King's Bench was the name of the court of record when the sovereign was a king. a court whose decisions and actions are preserved and documented for all time. The main importance of these courts in contemporary practice is their ability to impose penalties for *contempt of court.
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Queen's Bench Court
one of the three common law courts into which the curia regis was broken up until 1875 (the other courts being the *Court of Exchequer and the *Court of Common Pleas). Its main responsibilities included supervising lower courts and trying civil cases involving contracts and torts. Its jurisdiction was transferred to the High Court's *Queen's Bench Division by the Judicature Acts 1873–1875.
one of the three common law courts into which the curia regis was broken up until 1875 (the other courts being the *Court of Exchequer and the *Court of Common Pleas). Its main responsibilities included supervising lower courts and trying civil cases involving contracts and torts. Its jurisdiction was transferred to the High Court's *Queen's Bench Division by the Judicature Acts 1873–1875.
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Legal Terms -Court of Protection
a court that manages the assets and matters of individuals who are not mentally capable of making the necessary decisions for themselves. The Mental Capacity Act of 2005 established the court, which can also step in to resolve disagreements regarding *lasting power of attorney. The court is in charge of designating *deputies to make decisions on behalf of such an individual
a court that manages the assets and matters of individuals who are not mentally capable of making the necessary decisions for themselves. The Mental Capacity Act of 2005 established the court, which can also step in to resolve disagreements regarding *lasting power of attorney. The court is in charge of designating *deputies to make decisions on behalf of such an individual
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gal Terms - Court of Probate
a court established in 1857 to assume the authority previously held by the religious courts with regard to the issuance of letters of administration and probate. The Judicature Acts of 1873–1875 gave the High Court's *Probate, Divorce, and Admiralty Division power over the court.
a court established in 1857 to assume the authority previously held by the religious courts with regard to the issuance of letters of administration and probate. The Judicature Acts of 1873–1875 gave the High Court's *Probate, Divorce, and Admiralty Division power over the court.
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Legal Terms - court of last resort
a court from which there can be no appeal at all. Although the *Court of Appeal may occasionally be designated by statute as the court of last resort, the *Supreme Court is typically the court of last resort under English law. Until December 31, 2020, when the post-Brexit *implementation period ended, cases that UK courts referred to the European Court of Justice (ECJ) could be heard there. The European Court of Justice (ECJ) has ongoing jurisdiction in many specialized areas and is empowered to rule on matters that are pending before it on the date the implementation period expires, as per the terms of the UK-EU *Withdrawal Agreement.
a court from which there can be no appeal at all. Although the *Court of Appeal may occasionally be designated by statute as the court of last resort, the *Supreme Court is typically the court of last resort under English law. Until December 31, 2020, when the post-Brexit *implementation period ended, cases that UK courts referred to the European Court of Justice (ECJ) could be heard there. The European Court of Justice (ECJ) has ongoing jurisdiction in many specialized areas and is empowered to rule on matters that are pending before it on the date the implementation period expires, as per the terms of the UK-EU *Withdrawal Agreement.
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Legal Terms - court of first instance
1. The court where all legal actions are started. 2. More broadly, a court where a case is tried rather than any court where it could be heard on appeal.
1. The court where all legal actions are started. 2. More broadly, a court where a case is tried rather than any court where it could be heard on appeal.
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Legal Terms - Court of Exchequer
One of the three courts of *common law into which the curia regis was divided (the others being the *Court of Queen’s Bench and the *Court of Common Pleas) whose jurisdiction was merged into that of the High Court by the Judicature Acts 1873–75. It became the Exchequer Division, which in 1880 merged into the *Queen’s Bench Division. The judges of the Exchequer were known as Barons.
One of the three courts of *common law into which the curia regis was divided (the others being the *Court of Queen’s Bench and the *Court of Common Pleas) whose jurisdiction was merged into that of the High Court by the Judicature Acts 1873–75. It became the Exchequer Division, which in 1880 merged into the *Queen’s Bench Division. The judges of the Exchequer were known as Barons.
