Question
Oliver is the freehold proprietor of a three-bedroom bungalow in Birmingham. In 2010, Oliver granted Tiana, a wildlife artist, a 15-year lease, which contained the
Oliver is the freehold proprietor of a three-bedroom bungalow in Birmingham.
In 2010, Oliver granted Tiana, a wildlife artist, a 15-year lease, which contained the following covenants:
1. The tenant shall not use the premises for business purposes.
2. The tenant shall pay the monthly rent of 1,000 on or before 1st day of each
month.
3. The tenant shall not assign, sub-let, part with or share possession of the
premises without the consent of the landlord.
4. The tenant promises to provide the landlord during the term of the lease with a
signed painting from her spring exhibition each year.
The lease also contained a standard forfeiture clause.
In March 2020, Tiana assigned her lease to Polly, a professional photographer, with Oliver's consent.
In December 2020, Oliver sold the freehold reversion to Victor.
In February 2021, in order to boost her income, Polly converted the second bedroom into a photography studio, which she is using for commercial photo shoots. She also sublet the third bedroom to her friend, Xena, without Victor's consent.
Polly is now refusing to provide Victor with a signed painting, and the rent remains unpaid since March 1st 2022.
Advise Victor whether he is able to enforce the leasehold covenants against Tiana and Polly, and if so, explain the remedies which would be available to him.
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