Land IVB Leases Supplements

Question 1

Three elements of a lease

Answer 1

Exclusive possession (Street v Mountford)

Certainty of Duration (Lace v Chantler) and

Rent (yet a lease still can be found without rent)

Question 2

Definition of exclusive possession

Evidence and consideration to show exclusive possession

RUMP

Answer 2

occupant has the right to use the property to the exclusion of all others. The court will look at the effect of the agreement, not the label (Street v Mountford)

Attempts of EP must be genuine, if it is a sham court will disregard

Court will consider
Relationship between occupiers;
intended Use(Purpose) of property
nature, extent and Mode of accommodation and,
whether the 4 Unities are present (PITT)
(Antoniades v Villiers)

Question 3

Explain certainty of duration for a lease

Answer 3

Parties must know at the outset the date of the beginning and end of lease (Lace v Chantler)

Fixed term lease must be expressly created (s.52/54 LPA 1925)

Question 4

Explain rules of lease that grant tenancies for life

Answer 4

(Berrisford v Mexfield)

Tenancies for life granted to an individual may be converted into 90 year leases by operation of s.149 (6) LPA 1925

Question 5

Do periodic tenancies have certainty of duration?

Answer 5

unless both parties have the ability to end the tenancy by way of notice (Prudential Assurance Co. Ltd v London Residuary Body)

Question 6

3 ways to terminate a lease

Answer 6

Automatic - end of lease period
Forfeiture - where the lease includes provisions allowing the landlord to prematurely end if the tenant fails to meet obligations
Break clause

Question 7

Describe periodic lease

Length for annual tenancy

and

minimum length of tenancy

Answer 7

Periodic lease automatic renews if the tenant pays rent and neither side serves notice

unless specified, notice = length of the period
if annual tenancy = six months

Protection from Eviction Act 1977 provides that for residential lease less than four weeks, at least 4 weeks’ notice has to be served

Question 8

Does periodic lease has certainty of duration?

Answer 8

no unless both parties have the ability to end the tenancies by way of notice (Prudential Assurance Co,. Ltd v London Residuary Body)

Question 9

is rent necessary for the creation of a lease

Answer 9

no (Ashburn Anstalt v Arnold) and s.205(1)(xxvii) LPA - but rent is strong evidence to indicate a formal landlord/tenant relationship and duration of the lease/

Question 10

Distinguish bare licence and contractual licence

Answer 10

bare licence: automatically revoked by the death of a licensor or a transfer of his land. it can also be revoked by the licensor at will.

Contractual licence: enforceable against the original licensor in accordance with its terms - cannot be revoked until the contractual period has expired.

Question 11

Review formalities for a
legal lease
periodic lease (parol lease exception)
equitable lease

Answer 11

Legal lease must be with term of years absolute in possession (s.1(1)(b) LPA), created by dead S.52 LPA and signed, witnessed and delivered as a deed S.1 LP(MP)A

Parol lease: less than or equal to three years, in possession at market rent without a fine

Equitable lease: failing legal lease can be an equitable lease

or estate contract that is in writing signed and containing all agreed terms

Question 12

Review enforceability for legal lease for > seven years in a

registered system

unregistered system

Answer 12

Registered system: legal lease is a registerable disposition. It must be registered on the property register by date of registration of new owner

if not
sch para 2: elevated to interests of person in actual occupation and will bind if in existence by date of completion of date if:

interest is disclosed or within actual knowledge of buyer or actual occupation is obvious on a reasonably careful inspection of the land

(made known, knew, ought to have known)

Unreg: binds the world

Question 13

Review enforceability for legal lease seven years or less for in a

registered system

unregistered system

Answer 13

will be an overriding interest under sch 3 para 1; must be in existence by date of registration

Legal leases granted for a term not exceeding 21 years were overriding (leases already protected before LRA 2002 will continue to be overriding)

unreg: binds the world

Question 14

Review enforceability for equitable lease for in a

registered system

unregistered system

Answer 14

IARE: must be registered on charges register at Land Registry by date of registration of new owner s.29 LRA

Unrge: must be registered as C(iv) land charge (s.2 LCA)
against the owner’s name by date of completion of dale

Question 15

Explain the implied repairing obligation on the landlord under s11 LTA 1985

If the tenant has expressly covenanted to take on the repairs responsibilities, what is the consequence?

Answer 15

Under s 13 LTA, the repairing obligations in s11 apply to a lease of a dwelling house for a term of less than 7 years.

The landlord is required to keep in repair and proper working order the installation for structure and exterior (s11(1)(a)) WGE and sanitation (s11(1)(b)) and space heating(s11(1)(c))

s 12 LTA makes any attempt to contract out of the Act void unless it is been authorized by the county court

Question 16

Under s13(1) (b), if there is a break clause, what is the determinable expiration?

Answer 16

a lease at the option of the lessor before expiration of seven years from the commencement of the term shall be treated as a lease for a term less than seven years.

so a 10 years’ leave with a break clause available 5 years into the course is for 5 years at law.