Land - Leases

Question 1

To be a lease, the occupant must have exclusive possession. The court will look at the effect of the agreement, not the label.

Answer 1

Street v Mountford

Question 2

which two cases should be considered when looking at exclusive possession?

Answer 2

Antoniades v Villiers - Considered a lease

AG Securities v Vaughn - Considered a licence

Question 3

Why was Antoniades v Villiers considered a lease?

Answer 3

Close relationship between occupiers
Intended to use property as joint home
Nature, extend and mode of accommodation
Four unities were present (time, title, intention and possession)

Question 4

Why was AG Securities v Vaughn considered a licence?

Answer 4

Different agreements, signed on different dates with different rents. Therefore independent of each other with no rights of exclusive possession
Parties described as owner and licensee
Rooms occupied on a rolling basis

Question 5

Parties must know at the outset the nature and duration of the lease

Answer 5

Lace v Chantler

Question 6

How must fixed-term leases be created?

Answer 6

Expressly by deed (s52/54 LPA 1925)

Parties must know from outset the max. duration of the agreement

Question 7

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

Answer 7

Berrisford v Mexfield

Question 8

Periodic tenancies will not have certainty of duration unless both parties have the ability to end the tenancy by way of notice

Answer 8

Prudential Assurance v London Residuary Body

Question 9

In what 3 ways can a lease be terminated?

Answer 9

Automatically at the end of the lease period
By forfeiture
Break Clause

Question 10

A lease will automatically renew as a periodic lease provided the tenant continues to pay rent and neither side serves notice

Answer 10

Javad v Mohammed Aqil

Question 11

How long is the notice period for a lease?

Answer 11

Length of period, unless:
Annual tenancy = 6 months
Residential tenancy less than 4 weeks = 4 weeks (Protection from Eviction Act 1977)

Question 12

What does s.3 Protection from Eviction Act 1977 specify?

Answer 12

Landlord must obtain court order to recover possession if occupier remains in actual occupation under either a lease or licence

Question 13

Rent is not necessary for a lease but will indicate a formal landlord/ tenant relationship

Answer 13

Ashburn Anstalt v Arnold

Question 14

What will happen to a bare licence on the death of the licensor?

Answer 14

It will be automatically revoked (can also be revoked by licensor at will)