Covenants in Leases: Master the Essentials for Land Law (LLM)

Question 1

What is the difference between an **express** and an **implied** covenant?

Accepted Answer

Express covenants are created by agreement, while implied covenants are created by law

Answer

Implied covenants are more important than express covenants

Answer

Express covenants are always enforceable, while implied covenants are not

Answer

There is no difference between express and implied covenants

Question 2

Which of the following is **not** a way to assign a lease?

Accepted Answer

By oral agreement

Answer

By deed

Answer

By notice to the landlord

Answer

By operation of law

Question 3

Which of the following is an example of a **restrictive** covenant?

Accepted Answer

A covenant not to use the premises for commercial purposes

Answer

A covenant to pay rent

Answer

A covenant to repair the premises

Answer

A covenant to insure the premises

Question 4

What is the difference between a covenant that runs with the land and a covenant that is personal?

Accepted Answer

A covenant that runs with the land binds subsequent owners of the land, while a personal covenant does not

Answer

A personal covenant binds subsequent owners of the land, while a covenant that runs with the land does not

Answer

There is no difference between a covenant that runs with the land and a personal covenant

Answer

A personal covenant is more important than a covenant that runs with the land

Question 5

Which of the following is an implied covenant in a lease?

Accepted Answer

To keep the leased premises in good repair

Answer

To pay monetary rent

Answer

To use the premises for a specific purpose outlined in the lease agreement

Answer

To sublet the leased premises to another party

Question 6

Explain the key difference between an express covenant and an implied covenant in the context of a lease agreement.

Accepted Answer

Express covenants are stated explicitly in the lease agreement, while implied covenants are not stated explicitly but rather inferred by law.

Answer

Implied covenants are stated explicitly in the lease agreement, while express covenants are not stated explicitly but rather inferred by law.

Answer

Express covenants are more important than implied covenants.

Answer

There is no difference between express and implied covenants.

Question 7

Which of the following is NOT a type of restrictive covenant typically found in lease agreements?

Accepted Answer

Covenant to pay monetary rent

Answer

Covenant not to assign the leasehold interest to another party

Answer

Covenant not to sublet the leased premises to another party

Answer

Covenant to use the premises for a specific purpose outlined in the lease agreement

Question 8

Explain the distinction between a covenant running with the land and a covenant in gross in the context of lease agreements.

Accepted Answer

A covenant running with the land binds the successors in title to the land, while a covenant in gross does not.

Answer

A covenant in gross binds the successors in title to the land, while a covenant running with the land does not.

Answer

There is no difference between a covenant running with the land and a covenant in gross.

Answer

A covenant running with the land is more important than a covenant in gross.

Question 9

What is the primary purpose of a negative covenant in a lease agreement?

Accepted Answer

To restrict the use of the leased premises in a specific manner

Answer

To require the tenant to perform a specific action or maintain a certain condition on the leased premises

Answer

To transfer ownership of the leased premises

Answer

To create a new leasehold interest

Question 10

Which of the following is NOT a requirement for a covenant to be legally enforceable in a lease agreement?

Accepted Answer

The covenant must be uncertain in its terms

Answer

The covenant must be in writing

Answer

The covenant must be supported by legal consideration

Answer

The covenant must be legal and not contrary to public policy

Question 11

What is the primary purpose of the implied covenant for quiet enjoyment in a lease?

Accepted Answer

To ensure the tenant's peaceful possession and use of the leased premises, free from interference.

Answer

To guarantee the tenant's absolute right to remain in the premises for the entire lease term.

Answer

To place an obligation on the tenant to maintain the leased premises in good condition.

Answer

To apply exclusively to residential leases, providing no protection for commercial tenants.

Question 12

In the context of a lease, what is the key difference between an express covenant and an implied covenant?

Accepted Answer

Express covenants are explicitly stated in the lease, while implied covenants are created by law.

Answer

Implied covenants are more important than express covenants.

Answer

Express covenants can only be enforced by the landlord.

Answer

All leases automatically include all implied covenants.

Question 13

Which of the following is NOT a characteristic of an express covenant in a lease?

Accepted Answer

Implied by law

Answer

Created by the parties to the lease

Answer

Enforceable by the landlord or the tenant

Answer

Binding on the parties and their successors in title

Question 14

Which of the following is an example of an implied covenant in a lease?

Accepted Answer

Covenant to repair the premises

Answer

Covenant to pay rent

Answer

Covenant to assign or sublet the premises

Answer

Covenant to use the premises for a specific purpose

Question 15

In which circumstances can a tenant be held liable for a breach of covenant by a subtenant?

Accepted Answer

In all of the above circumstances

Answer

Only if the tenant expressly agreed to be liable

Answer

Only if the subtenant's breach is a material breach

Answer

Only if the tenant had the right to prevent the subtenant's breach

Question 16

Which of the following is NOT a legal remedy for breach of covenant in a lease?

Accepted Answer

Rescission of the lease

Answer

Damages

Answer

Specific performance

Answer

Injunction

Question 17

Which of the following is NOT an implied covenant in a lease?

Accepted Answer

Covenant to sublet

Answer

Covenant for quiet enjoyment

Answer

Covenant to repair

Question 18

Which of the following is a common type of restrictive covenant in a lease?

Accepted Answer

Covenant against subletting

Answer

Covenant for quiet enjoyment

Answer

Covenant to repair

Question 19

Which of the following is NOT a type of implied covenant in a lease?

Accepted Answer

Covenant to pay rent

Answer

Covenant of habitability

Answer

Covenant of quiet enjoyment

Answer

Covenant for further assurance

Question 20

Which of the following is NOT an implied covenant in a residential lease in England and Wales?

Accepted Answer

To provide a car park

Answer

To use the premises in a tenant-like manner

Answer

To pay rent

Answer

To repair the premises (except for fair wear and tear)

Question 21

What is the difference between a positive covenant and a negative covenant in a lease?

Accepted Answer

A positive covenant requires the tenant to perform an action, while a negative covenant prohibits the tenant from performing an action.

Answer

A positive covenant is only enforceable if it is in writing, while a negative covenant can be implied.

Answer

A positive covenant benefits the landlord, while a negative covenant benefits the tenant.

Question 22

What is the most common remedy for breach of a covenant in a lease?

Accepted Answer

Damages

Answer

Specific performance

Answer

Forfeiture

Answer

Injunction

Question 23

In a lease assigned by the tenant, who is primarily liable for breach of a covenant?

Accepted Answer

The tenant

Answer

Both the tenant and the assignee

Answer

The assignee only

Question 24

What is the general effect of a disclaimer clause in a lease?

Accepted Answer

It excludes or limits the tenant's liability for certain breaches of covenant.

Answer

It makes the landlord liable for all breaches of covenant, regardless of fault.

Answer

It makes the tenant liable for all breaches of covenant, regardless of fault.

Question 25

What is the purpose of a rent review clause in a lease?

Accepted Answer

To allow the landlord to adjust the rent periodically based on a predetermined formula or market conditions.

Answer

To allow the tenant to decrease the rent during the lease term

Answer

To fix the rent for the entire lease term

Question 26

What is the key difference between a leasehold covenant and a freehold covenant?

Accepted Answer

A leasehold covenant binds only the parties to the lease, while a freehold covenant binds all subsequent owners of the land.

Answer

A leasehold covenant is for a fixed term, while a freehold covenant is perpetual.

Question 27

What is the typical remedy for breach of a restrictive covenant in a lease?

Accepted Answer

An injunction to prevent further breaches

Answer

The covenant cannot be enforced

Answer

Damages only

Question 28

What is the main distinction between a condition and a covenant in a lease?

Accepted Answer

A condition is a fundamental term of the lease, breach of which gives the other party the right to terminate the lease, while a covenant is a subsidiary term, breach of which typically results in remedies like damages.

Answer

A condition is only enforceable if it is in writing, while a covenant can be implied.

Answer

A condition is always breached if the tenant fails to do the required act, while a covenant is only breached if the tenant does the prohibited act.

Question 29

What is the legal effect of a surrender of a lease?

Accepted Answer

It brings the lease to an end, effectively terminating the lease agreement.

Answer

It assigns the lease to a new tenant.

Answer

It has no effect on the lease.

Answer

It creates a new lease.