Land - Leases Flashcards
NCP v Trinity
Car park - importance of exclusive possession in a lease (commercial) Substa ce of agreement not form
Street v Mountford
Importance of exclusive possession in a lease. (domestic) Looking at substance (not form) of agreement. Intention of parties irrelevant.
Prudential Assurance
In order to be a lease needs to be for a fixed period However, entering into possession and paying a fixed rent created a periodic tenancy. Affirmed in Berrisford - could not give rise to a tenancy if max duration is uncertain at inception.
Fitzkriston LLP
Best rent reasonably available means market rent.
Crago v Julian
In order for a lease to be legal (as opposed to equitable), the assignment must be by deed.
Walsh v Lonsdale
An equitable lease exists if - certain agreement to grant a legal lease. - contract complies with s2 LP(MP)A 1989 - equity could grant specific performance - equity treats parties as if a legal lease had been granted - distress appropriate and lawful.
Coatsworth v Johnson
Specific performance is discretionary. - delay - undue hardship - unclean hands disuades.
Moule v Garrett
Pre 1996 If the original tenant is sued for breach of real covenant, he can claim directly from the assignee in whom lease was vested at time of breach (regardless of if there is an intermediate assignee)
P&A Swift Investments
Test for real covenants that “touch and concern” the land. 1) must benefit only reversioner (cannot be separate from the reversion) 2) must affect nature, quality, mode of user or value of the land 3) must not be personal.
Stewart v Scottish Widows
Speed humps (low car garage drive) Implied covenant not to derogate from the grant (not to do anything to make premises unfit for the purpose for which they were let.
International Drilling Fluids v Louisville Investment
1) qualified covenants to protect landlord 2) landlord not entitled to refuse consent on grounds that have nothing to do with L-T relationship 3) no need to justify reasons of withheld consent if objectively reasonable 4) may be reasonable to refuse on grounds of purpose intended to be used for 5) disproportional benefit to landlord and detriment to tenant if refused would be unreasonable 6) question of fact - reasonableness is a burden of proof on landlord
Ashworth Frazer
To decide if unreasonable to withhold consent 1) cannot if grounds separate from L- T relationship 2) question of fact “objective reasonableness” 3) landlord required to show he was reasonable not right or justifiable. Affirmed international Drilling Fluids
Woolgar
Waived breach if unequivocal act done by landlord which recognises existence of lease after having knowledge of the ground for fortfeiture. State of mind irrelevant.
Thatcher v Pearce
Relief can be granted up to 6 months after landlord’s actual re-entry to property under a court order (domestic) (commercial leases - no time limit) General equitable jurisdiction. Therefore unsafe to relet!
Expert Clothing Service v Hillgate House
A breach is capable of remedy where harm done is capable of being retrieved by making good the breach, compensation or both. Reasonable time must be given to comply. Not possible to have forfeiture or serve s146 notice under this. .
Rugby School v Tannahill
Stigma Cases incapable of remedy - Landlord does not need to give a reasonable time or serve s146 notice
Southwark LBC v Tanner
Covenant is that tenat’s enjoyment will not be disturbed by acts after tenancy has begun (eg lack of soundproofing before would not count). Quiet means uninterrupted NOT noiseless
Sanderson v Berwick-upon-Tweed
Landlord not liable for actions committed by persons deriving their title from him unless they are acting within their legal rights
Jones v Lavington
Landlord not responsible for breaches by a person holding a superior title.
Tulk v Moxhay
.
Dong Bang Minerva
Reasonable time to respond to landlord refusal for consent to reassign is 28 days. Helps tenant establish case and increases damages if proved unreasonably withheld.
Rawlings v Rawlings
Order for sale may be delayed until children grown up
1
Importance of exclusive possession in a lease. (domestic) Looking at substance (not form) of agreement. Intention of parties irrelevant.
Street v Mountford
1
Car park - importance of exclusive possession in a lease (commercial) Substa ce of agreement not form
NCP v Trinity
1
In order to be a lease needs to be for a fixed period However, entering into possession and paying a fixed rent created a periodic tenancy. Affirmed in Berrisford - could not give rise to a tenancy if max duration is uncertain at inception.
Prudential Assurance
1
Best rent reasonably available means market rent.
Fitzkriston LLP
1
In order for a lease to be legal (as opposed to equitable), the assignment must be by deed.
Crago v Julian
1
An equitable lease exists if - certain agreement to grant a legal lease. - contract complies with s2 LP(MP)A 1989 - equity could grant specific performance - equity treats parties as if a legal lease had been granted - distress appropriate and lawful.
Walsh v Lonsdale
1
Specific performance is discretionary. - delay - undue hardship - unclean hands disuades.
Coatsworth v Johnson
1
Pre 1996 If the original tenant is sued for breach of real covenant, he can claim directly from the assignee in whom lease was vested at time of breach (regardless of if there is an intermediate assignee)
Moule v Garrett
1
Test for real covenants that “touch and concern” the land. 1) must benefit only reversioner (cannot be separate from the reversion) 2) must affect nature, quality, mode of user or value of the land 3) must not be personal.
P&A Swift Investments
1
Speed humps (low car garage drive) Implied covenant not to derogate from the grant (not to do anything to make premises unfit for the purpose for which they were let.
Stewart v Scottish Widows
1
1) qualified covenants to protect landlord 2) landlord not entitled to refuse consent on grounds that have nothing to do with L-T relationship 3) no need to justify reasons of withheld consent if objectively reasonable 4) may be reasonable to refuse on grounds of purpose intended to be used for 5) disproportional benefit to landlord and detriment to tenant if refused would be unreasonable 6) question of fact - reasonableness is a burden of proof on landlord
International Drilling Fluids v Louisville Investment
1
To decide if unreasonable to withhold consent 1) cannot if grounds separate from L- T relationship 2) question of fact “objective reasonableness” 3) landlord required to show he was reasonable not right or justifiable. Affirmed international Drilling Fluids
Ashworth Frazer
1
Waived breach if unequivocal act done by landlord which recognises existence of lease after having knowledge of the ground for fortfeiture. State of mind irrelevant.
Woolgar
1
Relief can be granted up to 6 months after landlord’s actual re-entry to property under a court order (domestic) (commercial leases - no time limit) General equitable jurisdiction. Therefore unsafe to relet!
Thatcher v Pearce
1
A breach is capable of remedy where harm done is capable of being retrieved by making good the breach, compensation or both. Reasonable time must be given to comply. Not possible to have forfeiture or serve s146 notice under this. .
Expert Clothing Service v Hillgate House
1
Stigma Cases incapable of remedy - Landlord does not need to give a reasonable time or serve s146 notice
Rugby School v Tannahill
1
Covenant is that tenat’s enjoyment will not be disturbed by acts after tenancy has begun (eg lack of soundproofing before would not count). Quiet means uninterrupted NOT noiseless
Southwark LBC v Tanner
1
Landlord not liable for actions committed by persons deriving their title from him unless they are acting within their legal rights
Sanderson v Berwick-upon-Tweed
1
Landlord not responsible for breaches by a person holding a superior title.
Jones v Lavington
1
.
Tulk v Moxhay
1
Reasonable time to respond to landlord refusal for consent to reassign is 28 days. Helps tenant establish case and increases damages if proved unreasonably withheld.
Dong Bang Minerva
1
Order for sale may be delayed until children grown up
Rawlings v Rawlings
