Land 4.6: leases Flashcards
Two legal estates that can exits in land
Leasehold
Freehold
If a lease is created for more than 7 years it is
Registrable at the Land Registry
Three types of a leasehold estate
Tenancy for a term of years
Periodic tenancy
Tenancy at will
Tenancy at will ish
Tenant occupies a property indefinitely and it can be ended by either party by giving immediate notice
Privity of contract exists between
Landlord and tenant
This means that a party not privy to a contract cannot enforce the terms of the agreement
Would make it difficult to enforce terms against another occupier of the flats
Privity of estate
Where two persons have a relationship of landlord and tenant between them
When is a new lease dated
Dated on or after 1 January 1996
In a new lease the Landlord will remain liable for
Covenants on the sale of the freehold (unless they obtain an express release or use the procedure for a statutory release under the LTCA).
Under an old lease
Dated before 1 January 1996
The tenant remains liable for the tenant covenants throughout the term of the lease even after assignment
Under a new lease (dated on or before 1 January 1996) the original tenant is
Relieved from liability of the covenants unless the landlord is entitled to insist an Authorised Guarantee Agreement
Lease is a
Proprietary interest in land
Licence is a
Personal right
The requirements of a valid lease are set out in (case law)
Street v Mountford
The requirements of a lease is (to be defined as a lease)
Exclusive possession by the tenant
Defined premises
For a clear term - cannot be unclear
At a rent
A legal lease for more than 7 years must be
Created by deed and registered at the HM Land Registry
A legal lease for three to 7 years must be (formalities)
Created by a deed
Not substantively registrable at HM Land Registry
A legal lease of less than three years does not have to be
Created by deed provided that it
Takes the best rent
Takes effect in possession
No fine is payable by the tenant
An equitable lease will arise when
The formalities to create a legal lease have not been followed
A landlords express covenants include (things to ensure for the tenant)
Quiet enjoyment
To insure
Enforcement of other covenants
Landlord and forfeiture
Remedy for a landlord that gives them the right to end the lease
Tenant can remedy the breach (must follow specific procedure) which means that the Landlord cannot then bring the lease to an end
Forfeiture is not a
Implied term
Must be expressly included within the tenancy agreement
Tenant remedies
Injunction
Specific performance
Damages
Self-help
Tenant remedies
Injunction
Specific performance
Damages
Self-help
Security of tenure
A business tenant of commerical premises has the right to remain in the premises at the end of the term under the LTA 1954
Quiet enjoyment
Landlord must let the tenant enjoy the property
Qualified covenant against assignment means
The landlord can withhold their consent to assignment if it is reasonable to do so when the tenant wishes to sell the residue of their lease
Assignment
Legal term for selling the remaining term of the lease
Alienation
Tenant wants to assign their lease to another or sublet the property
Qualified covenant
Subject to the landlords consent
S19 of the Landlord and Tenant Act 1927 states that
The landlord cannot unreasonably withhold their consent to sell the residue of the lease
S19 of the Landlord and Tenant Act 1927 states that
The landlord cannot unreasonably withhold their consent to sell the residue of the lease
