General Knowledge

Question 1

Which case enshrined the principle that the tenant can exclude all others from the property (including the landlord)?

Answer 1

Street Vs Mountford (1985)

Question 2

What is the difference between a lease and a licence?

Answer 2

Lease:
- exclusive possession (right to possession excluding all others including the landlord)
- fixed term
- pay rent

Licence:
- permission to use the property or land for a specific purpose
for a fixed term or ongoing
- No exclusive possession of the property, just a right to occupy
- no legal interest in land
- Can’t be assigned

Question 3

What is a tenancy at will?

Answer 3

• third option from a lease or a licence
• A ‘tenancy at will’ occurs when a landlord and tenant agree that a tenant may occupy a property
• No legal interest is created
• May be terminated at either time by either party
• Use when negotiations are taking place for a lease but tenant wants to use the property immediately

Question 4

What does the Law of Property Act 1925 say about the two types of interest in land?

Answer 4

It simplifies the previously numerous interests in land to two types:

1) the term of years absolute (a lease)
2) the fee simple absolute (freehold)

Question 6

What is a Jervis Vs Harris clause?

Answer 6

A clause that allows a landlord to enter a premises and carry out works and recharge the cost to the tenant. The landlord will usually serve a notice on the tenant if want of repair is found and if the tenant doesn’t repair then the landlord can carry out the repairs and claim the cost as a debt.

Question 7

What is the significance of a clause to put and keep in repair ?

Question 8

What does a forfeiture clause do in relation to repairing obligations?

Answer 8

Where there is a forfeiture clause in the lease the landlord can forfeit where the tenant is in breach of the repairing covenant. The landlord would serve a s.146 (lpa 1925) notice in which the breach will be specified along with a time frame for remedy of the breach. If the tenant remedies the breach the landlord can’t forfeit. As the Leasehold Property (repairs) Act applies where the lease is over 7 years with more than 3 years remaining the landlord will need leave of the court.

Question 9

What is an alterations clause?

Answer 9

Sets out the covenant in relation to altering the demised premises, for example the process to obtain licence for alterations

Question 10

What does the LTA 1927 S 19(2) say on alterations?

Answer 10

If the alteration is an improvement to the premises then the landlord can’t unreasonably withold consent