Land Law: Leases and Licenses

Question 1

What are the basic requirements for a lease?

Answer 1

• Exclusive Possession
• A determinate term or certainty of duration
• A term which is less than that held by the grantor, if the grantor is a tenant.

Question 2

What is the principle of Street v Mountford?

Answer 2

a tenant possessing exclusive possession is able to exercise the rights of an owner,

however the lease may reserve the right for the landlord to enter the premises on certain occasions (e.g. to inspect of repair of the property).

Question 3

What is the principle of Ashburn Anstalt v Arnold?

Answer 3

Payment of rent is not a basic requirement of a lease but shows intention between the parties to create a formal arrangement

Question 4

What is the principle of Walsh v Lonsdale?

Answer 4

if a lease fails to comply with the formalities, it may be enforceable as an equitable lease, provided the formalities for making a contract in land are satisfied.

Question 5

What are the requirements for an equitable lease (s2 LP(MP)A 1989)?

Answer 5

• be made in writing
• contain all the terms expressly agreed by the parties
• be signed by all parties

Question 6

What are the two types of licence?

Answer 6

Bare and contractual