Classification of Leases

Question 1

The property to be granted (“premises”) must be certain or the lease is void. A tenancy purporting to terminate only with the end of the second world war was void as a fixed term as at the time neither party could know when the conflict would end.

Answer 1

Lace v Chantler (1994)

Question 2

Fixed term lease: needs a termination date

Answer 2

Prudential Assurance co v London Residuary Body

Question 3

Lease for life: (90 year lease)

Answer 3

Berrisford v Mexfield Housing Association

Question 4

Perpetually Renewable Leases (case)

Answer 4

Caerphilly Concrete Products v Owen

Question 5

Perpetually renewable leases (statute stating 2000 yr lease)

Answer 5

Law of Property Act 1922 schedule 15

Question 6

Lease/Licence classification

Answer 6

Street v Mountford (3 tests) mainly exclusive possession

Question 7

Secondary Lease/Licenses Classification

Answer 7

Dresden Estates v Collinson