Landlord & Tenant Flashcards
What are the 4 requirements of a lease?
- Exclusive occupation
- Determined rent
- Term is less than the landlords interest
- Payment of rent
What is a lease?
Contract stating the landlord allows a tenant to have exclusive occupation in their property
What is a licence?
Permission to do something on the licensors property that prevents it from becoming trespassing
Does the licesee have security?
No, it can be revoked at anytime - a licence does not create interest in the land
What caselaw determines the difference between a lease and license?
Street v Mountford 1985
What is the main legislation regarding renting properties?
Landlord and Tenant Act 1954
What are the 6 principles in Section 23?
- It is a tenancy
- Premises must be used for business
- The whole or part of the property must be occupied
- Tenant must occupy for more than 6 months
- Must not be exempt or excluded tenancy
- Must be competent landlord and tenant
What is section 24?
When the lease is inside the act and neither party serves a notice and the end of the term, the tenant can remain in occupation - holding over
What is section 23?
The principles that gain parties protection under the act
What is section 25?
Where the landlord serves notice to the tenant before the end of the lease term
- can be hostile or non-hostile
What is a non-hostile section 25?
The landlord proposes terms for the tenant to renew the lease
What must be included in a non-hostile section 25?
The rent and proposed terms with the termination of the lease date stated
Are parties bound by the terms in a non-hostile section 25 and a section 26?
No
What is a hostile section 25?
When a landlord wants to terminate the agreement
