Land - Leases Flashcards
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0
Q
Street v Mountford
A
Label is irrelevant, but lease must:
- be for EP
- be certain in duration
- with possibility of rent
1
Q
Conditions for a lease to exist
A
- L and T must be separate parties
- L and T must have necessary capacity to grant the lease
- Lease must be for a lesser estate
- Tenant must have exclusive possession
- Lease must be for a term of years absolute
- There may be rent payable
2
Q
Antoniades v Villiers
A
Sham leases may take the form of multiple agreements signed on the same day (amounting to EP)
3
Q
Milmo v Carreras
A
Creation of a sublease with a longer term operates as an assignment
4
Q
s1(1)(b) LPA 1925
A
A legal lease must be for a term of years absolute
5
Q
Lace v Chandler
A
Parties must know date of commencement/termination of the lease from the outset
6
Q
s149 LPA 1925
A
A lease for life operates as a lease for 90 years
7
Q
Ashburn Anstalt v Arnold
A
There is no absolute requirement for rent under a lease
8
Q
s52(1) LPA 1925
A
A lease will be legal if created as a deed
9
Q
ss1(2) and (3) LP(MP)A 1989
A
A deed must be:
- Signed and witnessed
- Identified as such
- Delivered
- Sealed (if before 31st July 1990)
10
Q
s2 LP(MP)A 1989
A
Agreement to grant a lease must be:
- In writing
- Signed by both parties
- Contain all the terms
11
Q
s54(2) LPA 1925
A
Leases of less than 3 years may be created orally, and may be deemed periodic tenancies, PROVIDED:
- T may take immediate possession
- Lease is granted at best rent
- T may take free from a fine
12
Q
Fitzkristan v Panayi
A
Best rent equates to market rent
13
Q
Walsh v Lonsdale
A
Agreements to grant a lease give rise to an equitable lease only
14
Q
Cowell v Rose Hill
A
A licence does not create a proprietary interest in land
15
Q
Winter Gardens Theatre v Millennium Productions
A
Licences may be revoked at any time with reasonable notice
16
Q
King v David Allen
A
Licences are not generally enforceable against a third party, UNLESS
- coupled with a grant of a proprietary interest s1(2) LPA 1925
- arise by way of estoppel
- take the form of mutual licences
- confer rights akin to those available for an interest in land, e.g equitable remedies or assignment
17
Q
Inwards v Baker
A
An estoppel licence is a proprietary right
18
Q
Ives v High
A
A mutual licence is a proprietary right
19
Q
Binions v Evans
A
A licence giving rise to a CT is a proprietary right
20
Q
Wright v MacAdam
A
Licences may give rise to implied easements, which are proprietary rights
21
Q
Class C(iv)
A
Equitable lease
22
Q
s2 LCA 1972
A
Equitable leases must be registered as Class C(iv) land charge in UL
23
Q
ss3 and 4 LCA 1972
A
Land charges must be registered against the owner’s name by the date of sale to bind a third party in UL
24
s27 LRA 2002
Legal lease of more than 7 years is a registrable disposition
25
s29 LRA 2002
Legal lease must be registered by date sale registered to bind a third party
26
Sch. 3 para. 2 LRA 2002
Unregistered leases of more than 7 years may bind third party as overriding interests
27
Sch. 3 para. 1 LRA 2002
A legal lease of less than 7 years will override provided it existed before date of registration
28
s32 LRA 2002
An equitable lease is a minor interest and mist be protected by notice
29
Cricklewood Property v Leighton's Investment Trust
T has covenant to pay rent, even if buildings are destroyed
30
Lee-Parker v Izzet
T may offset rent against cost of repairs
31
s1 LTA 1988
L must answer request for consent:
- within reasonable time
- must give written reasons for refusal
32
s19(1) LTA 1927
L may not unreasonably withhold consent in relation to s qualified prohibition
33
International Drilling Fluids v Louisville Investments
Reasonable grounds for withholding consent include:
- Grounds that concern the subject matter of the lease
- Unsuitability of proposed use by intended assignee
- Benefit to L of refusing would not unreasonably outweigh detriment to T
34
Kenny v Preen
Common law implied covenant of quiet enjoyment
35
Jenkins v Jackson
Noise will not usually be enough to breach covenant of quiet enjoyment
36
Southward LBC v Mills
Noise must be excessive to give rise to a breach of quiet enjoyment
37
McMillan v Singh
Harassment or unlawful eviction will amount to a breach of quiet enjoyment
38
Aldine v Latimer Clark
L must not derogate from original grant so as to render premises unfit for original purpose
39
s11 LTA 1985
Implied covenant to repair only affects residential properties, and then only in respect of:
- structure/exterior of property
- installations for supply of gas/electricity/water
40
O'Brien v Robinson
Implied covenant to repair only arises where L has/should have knowledge of the defect
41
Quick v Taff
Defect must amount to more than a mere inconvenience, e.g, condensation
42
Warren v Keen
L will be under no obligation to carry out a repair that would be reasonable for T to perform
43
Moule v Garret
Original T may seek indemnity from current assignee in default of covenant
44
s17 LT(C)A 1995
L must serve notice on original T within 6 months if he intends to claim for a breach by an assignee
45
City of London Corp v Fell
Original L/T released from obligations if lease renewed at end of term
46
Spencer's Case
Assignee T will have benefit/burden of real covenants whilst lease vested in him
47
ss141 and 142 LPA 1925
Assignee L will have benefit/burden of real covenants whilst lease vested in him
48
P&A Swift Investments
Al covenants are those which 'touch and concern the land/have reference to subject matter of lease'
- Only those that benefit L/T whilst they own the land
- Only those covenants affecting the nature, quality, mode of use or value of land
- Only those not expressed personally
49
ss5 and 6 LT(C)A 1995
Original L/T will be released from their obligations under the lease upon assignment/sale of the reversion
50
BHP Petroleum v Chesterfield Properties
Original L/T will only be release from non-personal covenants under ss5 and 6 LT(C)A 1995
51
s16 LT(C)A 1995
L has right to request T to sign an AGA as a condition of agreeing to assignment; this ends upon further assignment
52
s19 LT(C)A 1995
Original T of post-1996 lease may regain control by way of an overriding lease if he is called upon to pay assignee's arrears
53
s3(2) and (3) LT(C)A 1995
Assignee L/T will have the benefit/burden of non-personal covenants
54
Tulk v Moxhay
Headlessor may not enforce covenants against sublesse of which sublessee has no notice
55
Tenant's remedies for breach of covenant
1. Damages
2. Repudiation
3. Specific performance
4. Appointment of receiver
56
Landlord's remedies for breach of covenant
1. Action for debt
2. Distress
3. Forfeit
4. Standard remedies
57
s19 LA 1980
L may not bring an action for debt to recover arrears of more than 6 years
58
Distress
1. Bailiff must have written authority of L and certificate from county court
2. L must not seek to forfeit as well
3. Where lease is for commercial premises, the remedy does not apply (Sch. 12 Tribunals, Courts and Enforcement Act 2007)
4. Residential tenancies may be open to ECHR claims (fair hearing)
59
Forfeit (non-payment of rent)
1. Must be expressly permitted in lease
2. Must make formal demand for rent
3. Must not waive right by accepting rent
4. Must obtain court order for residential tenancies
60
Duppa v Mayo
Formal demand for rent arrears needed to forfeit
| - UNLESS the lease contains a clause removing the requirement
61
s210 Common Law Procedure Act 1852
1. No formal demand for arrears needed to forfeit if at least 6 months in arrears
2. Court may grant relief to allow T time to pay arrears
3. Court will grant relief if arrears are paid before court hearing
62
Central Estates (Belgravia) Ltd v Woolgar No. 2
Acceptance of rent by L will waive right to forfeit
63
s3(1) Protection from Eviction Act 1977
L must obtain court order for possession when forfeiting residential tenancy
64
Forfeit (other breach)
1. Must be expressly permitted in lease
2. Must not waive right by accepting rent
3. Must obtain court order for residential tenancies
4. Must serve notice on T
65
s146 LPA 1925
Notice must be served on T when seeking to forfeit, which sets out:
- nature of breach
- requirement to rectify within reasonable period
- requirement to pay compensation, if desired
66
Billson v Residential Apartments
Reasonable time to remedy a breach of covenant is 3 months
67
Rugby School v Tannahill
Presumption that negative covenants are not capable of remedy, e.g. stigma of prostitution
68
Expert Clothing v Hill House
Presumption that positive covenants are capable of remedy
69
Thatcher v Pearce
If arrears are paid, T may retake lease on original terms
