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This problem is based on the rights of the tenant in a tenancy.
In this case there is a tenancy agreement between Terry and Lucas. Both parties are subject
to certain obligations for example, the landlord must not derogate from the grant while the
tenant must not commit waste.
It is apparent that Lucas is in breach of the tenancy agreement in various ways, namely
failure to repair the window and making the premises unsuitable for Terry. Infact Lucas has
already derogated from the grant and committed private nuisance, both actionable by Terry.
My advise to Terry is to:
(a) Apply for an injunction to restrain Lucas from using the compound as storage.
Lucas servants and agents should also be refrained from using Terry's
gate to access the construction site.
(b) Terry is also entitled to repudiate the tenancy agreement.
(c) Terry is entitled to repair the window in question and deduct the amount spent
from the rent payable to Lucas.
maurice.mutuku answered the question on April 26, 2018 at 12:33
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