Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

REP > 6. Leases > Flashcards

6. Leases Flashcards

1
Q

Head-lease

A

Takes effect under the freehold (the only superior title)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Grant

A

Birth of a new lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Assignment

A

The transfer of a leasehold

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Fixed term lease

A

Leases granted for a specific period of time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Periodic lease

A

Leases granted for a period which will renew from one period to the next, until determined by a notice to quit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Legal lease requirement

A
  • Deed - s52(1) LPMPA 1989
  • Unless it falls within s52(2) LPA 1925
    • Lease taking effect in possession for a term not exceeding 3 years at best rent may be made merely IN WRITING/ORALLY
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Legal leases for a term of more than 7 yrs

A

Have to be registered with separate title no. If reversion is registered, grant amounts to dealing with registered title & lease must be registered with its own title

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Legal leases for 7 yrs or less

A

If lease granted out of a reversion with registered title, takes effect as an overriding interest (sch 3 LRA 2002) whether or not tenant is in actual occupation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Equitable lease requirement

A
  • Leases that haven’t been created by deed & not covered within s54(2) LPA 1925 may take effect as an equitable lease:
    • Must be for value
    • Must satisfy requirements of LPMPA s2
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Consequences of not registering equitable lease as Class C(iv) land charge

A

If unregistered- void against purchaser of legal estate for money/money’s worth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

liability of covenants for leases granted on or after 1 jan 1996

A
  • OG parties have the benefit of the others covenants and the burden of their own covenants while they remain as landlord and tenant
  • Assignment by tenant releases them from future liability unless they have agreed to an AGA (authorised guarantee agreement)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Authorised Guarantee Agreement

A

Outgoing tenant guarantees performance of the lease covenants by their immediate successor in title.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When is a tenant obliged to provide an AGA?

A
  • Leases on commercial property where it has been agreed that an AGA is to be provided on assignment
  • Landlord lawfully requires AGA for assignment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Do assignees get the benefit of a covenant

A

Assignees get the benefit of landlord covenants upon assignment s3(2)(b)LTCA 1995

Assignee bound by all tenants covenants except those expressly stated to be “personal” to the OG tenant s3(2)(a) LTCA 1995

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Is OG tenant bound by covenants in leases granted before 1 jan 1996

A
  • OG tenant remains bound by covenants for the whole contractual term under privity of contract
  • Bound for any breaches they commit, but also for those committed by their successors in title
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is an assignee liable for under leases post 1996

A

Any assignee is liable for breaches for covenants which ‘touch and concern’ the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When can a landlord pursue a former tenant?

A

s17 LTCA 1995- landlord can only pursue former tenant if they serve a default notice

18
Q

When must default notice be served

A

Default notice must be served within 6 months of the sum falling due

19
Q

Methods of determining a lease

A
  • Effluxion of time
  • Notice to quit
  • Surrender
  • merger
    Break clause
20
Q

Effluxion of time

A

Where contractual term ends

21
Q

Periodic tenancy notice

A
  • If tenancy terms do not provide for a notice period, common law implies the following lengths:
    • Yearly tenancy- half a years notice expiring at the end of a completed year of tenancy
    • Other periodic tenancies- one full periods notice (one quarter, one month etc.) expiring at the end of a completed period of the tenancy
22
Q

Surrender

A
  • Tenant yields their lease to immediate landlord, who accepts the surrender.
  • Lease merges in landlord’s reversion & is extinguished
  • Surrender must be by deed
23
Q

Merger

A
  • Tenant acquires immediate reversion on their lease (acquires landlord’s estate in land)
  • Automatic merge & is extinguished
24
Q

Break clause

A
  • Some leases contain the option to determine the lease part way through contractual term
  • Need to agree on: who can operate the break, at what point in the term it can be operated, and how much notice must be given to exercise it
25
Q

Landlord remedies for breach of covenant to pay rent

A
  1. Debt action
    1. Limitation act 1980- action to recover must be within 6 years of the sum falling due
  2. Forfeiture
  3. Commercial Rent Arrears Recovery Procedure
  4. Collecting rent from sub-tenant
    1. S81 Tribunals, Courts and Enforcement Act 2007
  5. Bankruptcy & Winding up
    1. If debt exceeds £5k or £750 (for co), statutory demand can be served with a view to commence bankruptcy or winding up
  6. Pursue former tenant(s)
  7. Pursue guarantors of tenant
26
Q

What is forfeiture

A
  • The right to retake possession
  • Prematurely determines the lease
27
Q

Forfeiture requirements

A
  • Right must be expressly reserved by the lease
  • Right is enforced via
    • Peaceable re-entry
    • Court order
28
Q

Forfeiture for other breaches

A
  • s146 LPA 1925
  • Landlord must serve a notice on tenant, which:
    • Specifies the breach
    • Requires it to be remedied
    • Requires compensation
29
Q

what must be given to tenant upon service s146 notice

A

reasonable time to remedy the breach

30
Q

What is Commercial Rent Arrears Recovery

A

Landlord has the power to enter, remove & sell goods owned by defaulting tenant

31
Q

Restrictions on CRAR

A
  • Applicable to commercial premises only
  • Only available in relation to ‘pure’ rent arrears (rent paid for possession and use of premises)
  • At least 7 days outstanding rent
  • Landlord required to serve enforcement notice on the defaulting tenant , giving 7 clear days notice of intention to enter premises
  • On notice expiry, only enforcement agent can enter to claim goods
  • Certain goods are exempt and cannot be seized (items or equipment up to 1,350 needed for their business)
  • Enforcement agent must give tenant 7 days clear notice of any sale of goods
  • Any provision in lease or contract purporting to allow seizure of goods for non-payment will be void
32
Q

Another method to circumvent s146 limitation

A

lease contains a properly drafted self help clause allowing L to enter and carry out repairs if tenant has failed to do so

33
Q

Documets L solicitor must provide tenants solicitor

A
  • draft contract
  • draft lease
  • evidence of freehold title
  • copies of relevant planning consents
  • evidence of lenders consent to granting lease
34
Q

what searches would tenants solicitor undertake

A

same as that of freehold

35
Q

How are leases prepared

A

2 identical parts- lease and counter part

lease executed by landlord. counterpart by tenant- exchanged on completion

36
Q

Is rent payable in advance

A

Yes- where completion takes place on a day rent falls due, proportionate amount calculated from date of completion until next payment day

37
Q

What does L receive upon completion of a lease

A

counter part lease executed by tenant

premium payable for grant

apportioned sum representing rent payable in advance under lease

38
Q

What does T receive upon completion of lease

A

executed lease
properly certified freehold title copy
certified copy of landlords lenders consent of transaction

39
Q

Is a short lease capable of being registered at LR

A

legal lease for 7 years or less is not capable of being registered with its own title at LR

in unreg land, legal lease binding on all purchasers

40
Q

Registrable lease

A

lease for a term over 7 years whether the freehold itself is registered(with own title number and title)

41
Q

Time limit for registering lease

A

Where applicable, within relevant priority period/within 2 months of completion

42
Q
A

REP (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions