Land 8 - Requirements of a lease

Question 1

Where there’s a joint tenancy of a lease, what is joint liability?

Answer 1

If one occupier leaves, the remaining ones are liable for whole rent

Question 2

What is the s17 Tenant Default Notice provision?

Answer 2

Where landlord wants to pursue a former tenant who remains liable for a fixed charge, a landlord must serve notice within 6 months of such charge becoming due otherwise no claim can be taken

Question 3

What is the s18 Liability for Variations provision?

Answer 3

Former tenants are NOT liable for additional amounts owed which they could not have anticipated when lease was entered into

Question 4

What is the s19 Overriding Leases provision?

Answer 4

Former tenant can ask landlord for an overriding lease, becoming immediate landlord of defaulting party
The overriding lease is equal to remaining lease and 3 extra days

Question 5

How is the period for a periodic tenancy worked out

Answer 5

By the period over which rent is calculated NOT when it is paid.

I.e “annual rent of £100 paid quarterly” would give a period of one year.

Question 6

When is registration needed for a lease?

Answer 6

If it’s over 7 years

Question 7

When is a deed needed for a lease?

Answer 7

All leases unless ‘short leases’

Question 8

What is a short lease?

Answer 8

• Under 3 years
• lease starts immediately
• market rent
• no premium

Question 9

When will an equitable lease be created?

Answer 9

No deed but

• writing,
• contains all terms,
• signed