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12 marksEstates, Co-ownership, Leases and Licences

CAPE Law Unit 2 · 2013 · Paper 2 · Question 6(a)(i)

Mr Chin leases premises from Mr Stooge with covenants to pay rent, repair, and allow a youth club to use the pool, subject to a right of re-entry. Mr Chin breaches covenants by blocking pool access and later failing to repair flood damage or pay rent after a severe flood forces closure.

Advise Mr Stooge on three implied covenants of the landlord under the lease, using three decided cases.

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Other parts of this question

  1. 6(a)(ii)Advise Mr Stooge on the steps he can take to terminate Mr Chin's lease.[8 marks]
  2. 6(b)Outline the relief that Mr Chin is likely to obtain, using a decided case to illustrate.[5 marks]

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