Covenant to deliver up premises and Provisio for forefeiture and re-entry

Flashcards covering delivery of possession, forfeiture, reentry, and legal precedents like Asorope v Orelaja from the lecture notes.

According to the case of Asorope v Orelaja, when is a tenant regarded as NOT having delivered up possession of the premises?

A tenant is not considered to have delivered possession if they vacate the premises but retain the keys, thereby preventing the landlord's entry.

What can a landlord do if a tenant fails to return the keys at the expiration of the lease term?

The landlord can issue a statutory notice.

What is the function of a 'proviso for forfeiture and reentry' covenant in a lease?

It allows the suspension or termination of the lease for nonpayment of rent or non-observation of lease covenants, bringing the lease to an end earlier than its original termination date.

What does the law presume regarding forfeiture in lease agreements?

The law presumes against forfeiture unless it is expressly stated in the lease.

What is the specific legal exception in Lagos regarding the covenant for forfeiture and reentry?

In Lagos, the covenant against forfeiture and reentry of leases is implied, meaning the landlord can reenter the premises for breaches even if the clause is not clearly stated in the contract.

What must a lessor do during an action for forfeiture to succeed?

The lessor is required to strictly prove the breach of covenants by the lessee.

What is the legal status of a lease when a covenant for provision is breached?

The breach does not make the lease void, but rather voidable at the instance of the other party.

What occurs if a lessor waives their right to reentry covenants in a lease?

The lessor cannot be allowed to exercise the right of forfeiture if they have already waived their rights to reentry.

What are two methods for enforcing covenants against forfeiture?

1. Peaceable reentry (such as changing the locks or granting a lease to someone else) and 2. Action of possession.