Weekly review: 9th – 13th April 2012

Estoppel by representation

A representation that a certain set of facts exists that is relied on by the representee to his detriment gives rise to an estoppel at common law (Jorden v Money).

A representation as to the law cannot give rise to an estoppel (Kai Nam v Ma Kam Chan).

Landlord and tenant: nuisance

There is no liability in nuisance for the ordinary use of residential premises. Landlords are not liable to tenants in nuisance in respect of a state of affairs that existed at the date of the lease (Baxter v Camden LBC (No 2)).

Landlord and tenant: landlord’s repairing covenant: implied licence to enter property

A tenant who uses property in a reasonable way for a reasonably contemplated use does not commit waste. A covenant to ‘keep’ property in repair implies that, if need be, it will first be put in repair. A landlord who has covenanted to keep demised premises in repair has an implied licence to enter the property for a reasonable time in order to perform the covenant (Saner v Bilton).


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