Granting a Lease

Question 1

If lease is less than 7 years + freehold title is registered, must you register?

Answer 1

No - it is an overriding interest

Question 2

If lease is less than 7 years + freehold title is unregistered, how do you protect tenant?

Answer 2

Tenant should be in actual occupation of property

Question 3

If lease is more than 7 years + freehold title is unregistered, how do you protect tenant?

Answer 3

First Registration within 2 months of completion

Question 4

If lease is more than 7 years + freehold title is registered, how do you protect tenant?

Answer 4

Register title in its own name within 2 months

Question 5

Can landlord unreasonably withold consent in assign/underletting?

Answer 5

No

Question 6

Can landlord unreasonably withold consent in alterations?

Answer 6

Yes

Question 7

Can landlord unreasonably withold consent in repairs?

Answer 7

Yes but cannot be conditional on charging higher rent

Question 8

Absolute leasehold title

Answer 8

• lease is valid
• tenant has right to grant it + protected
• no hidden problems

Question 9

Qualified leasehold title

Answer 9

known legal defect

Question 10

Good leasehold title

Answer 10

Lease is valid but landlord’s title hasn’t been fully proved (could have a defect later revealed)

Question 11

Possessory leasehold title

Answer 11

no title deeds exist but the tenant is in occupation
* someone else with right to possess can take it

Question 12

What is assigning a lease?

Answer 12

Transfer your interest to someone else

Question 13

What is underletting a lease?

Answer 13

Create a new lease out of your lease