Land 4.6: leases

Question 1

Two legal estates that can exits in land

Answer 1

Leasehold
Freehold

Question 2

If a lease is created for more than 7 years it is

Answer 2

Registrable at the Land Registry

Question 3

Three types of a leasehold estate

Answer 3

Tenancy for a term of years
Periodic tenancy
Tenancy at will

Question 4

Tenancy at will ish

Answer 4

Tenant occupies a property indefinitely and it can be ended by either party by giving immediate notice

Question 5

Privity of contract exists between

Answer 5

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

Question 6

Privity of estate

Answer 6

Where two persons have a relationship of landlord and tenant between them

Question 7

When is a new lease dated

Answer 7

Dated on or after 1 January 1996

Question 8

In a new lease the Landlord will remain liable for

Answer 8

Covenants on the sale of the freehold (unless they obtain an express release or use the procedure for a statutory release under the LTCA).

Question 9

Under an old lease

Answer 9

Dated before 1 January 1996
The tenant remains liable for the tenant covenants throughout the term of the lease even after assignment

Question 10

Under a new lease (dated on or before 1 January 1996) the original tenant is

Answer 10

Relieved from liability of the covenants unless the landlord is entitled to insist an Authorised Guarantee Agreement

Question 11

Lease is a

Answer 11

Proprietary interest in land

Question 12

Licence is a

Answer 12

Personal right

Question 13

The requirements of a valid lease are set out in (case law)

Answer 13

Street v Mountford

Question 14

The requirements of a lease is

Answer 14

Exclusive possession by the tenant
Defined premises
For a clear term - cannot be unclear
At a rent

Question 15

A legal lease for more than 7 years must be

Answer 15

Created by deed and registered at the HM Land Registry

Question 16

A legal lease for three to 7 years must be (formalities)

Answer 16

Created by a deed
Not substantively registrable at HM Land Registry

Question 17

A legal lease of less than three years does not have to be

Answer 17

Created by deed provided that it
Takes the best rent
Takes effect in possession
No fine is payable by the tenant

Question 18

An equitable lease will arise when

Answer 18

The formalities to create a legal lease have not been followed

Question 19

A landlords express covenants include (things to ensure for the tenant)

Answer 19

Quiet enjoyment
To insure
Enforcement of other covenants

Question 20

Landlord and forfeiture

Answer 20

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

Question 21

Forfeiture is not a

Answer 21

Implied term
Must be expressly included within the tenancy agreement

Question 22

Tenant remedies

Answer 22

Injunction
Specific performance
Damages
Self-help

Question 23

Tenant remedies

Answer 23

Injunction
Specific performance
Damages
Self-help

Question 24

Security of tenure

Answer 24

A business tenant of commerical premises has the right to remain in the premises at the end of the term under the LTA 1954

Question 25

Quiet enjoyment

Answer 25

Landlord must let the tenant enjoy the property

Question 26

Qualified covenant against assignment means

Answer 26

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

Question 27

Assignment

Answer 27

Legal term for selling the remaining term of the lease

Question 28

Alienation

Answer 28

Tenant wants to assign their lease to another or sublet the property

Question 29

Qualified covenant

Answer 29

Subject to the landlords consent

Question 30

S19 of the Landlord and Tenant Act 1927 states that

Answer 30

The landlord cannot unreasonably withhold their consent to sell the residue of the lease

Question 31

S19 of the Landlord and Tenant Act 1927 states that

Answer 31

The landlord cannot unreasonably withhold their consent to sell the residue of the lease