Solicitors Qualifying Examination (SQE) Practice Exa\

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The landlord's right to refuse consent is associated with which legal concept?

  1. Statutory trusts

  2. Absolute covenants

  3. Implied terms

  4. Joint tenancies

The correct answer is: Absolute covenants

The landlord's right to refuse consent is primarily associated with absolute covenants. An absolute covenant is a type of promise or agreement in a lease which restricts one of the parties from doing something, such as subletting or making alterations to the property without the landlord's consent. In this context, if the lease includes an absolute covenant that prohibits subletting without the landlord's approval, the landlord retains the right to refuse consent as part of that covenant. Understanding absolute covenants is crucial because they set strict boundaries on how tenants can use the property, giving landlords significant control over any changes to the terms of occupation. This concept underscores the balance of power in landlord-tenant relationships, emphasizing the importance of contractual agreements within property law.