Landlord Tenant - APC Success Book Flashcards
What are the various ways to terminate a lease?
Forfeiture, Surrender and negotiation, Merger, Disclaimer (due to insolvency), Break clauses, Lease expiry and service of notices under the Landlord and Tenant Act 864
The Landlord and Tenant Act 864 outlines specific procedures and requirements for lease termination.
What does forfeiture refer to in lease termination?
A method of lease termination where the landlord ends the lease due to a breach by the tenant
Forfeiture typically requires a legal process and may involve court proceedings.
What is surrender and negotiation in the context of lease termination?
A mutual agreement between the landlord and tenant to end the lease before the expiration date
This process often involves negotiation on terms and conditions for the lease termination.
Define merger as a method of lease termination.
When a tenant’s interest in the lease merges with the landlord’s interest, effectively ending the lease
This can occur when a tenant purchases the property.
What is a disclaimer in lease termination?
The act of a tenant rejecting the lease due to insolvency
This often requires formal procedures under insolvency laws.
What are break clauses in lease agreements?
Provisions that allow either the landlord or tenant to terminate the lease early under specified conditions
Break clauses often specify notice periods and conditions that must be met.
What occurs upon lease expiry?
The lease automatically ends unless renewed or extended by agreement
Service of notices may be required to inform the other party of the lease expiry.
What is the significance of the Landlord and Tenant Act 864?
It provides legal frameworks and requirements for lease agreements and terminations
This act is crucial for ensuring that both landlords and tenants understand their rights and obligations.
What does a licence pass regarding land?
A licence passes no interest in the land but only makes lawful what would otherwise be unlawful.
Murdoch, 1998
Give an example of a licence.
A right to park a car or a pop-up shop in a shopping centre.
Example of how licences function in practical scenarios.
What is a licence?
A right to enter a property.
It is a personal arrangement between the licensor and licensee.
What type of right does a licensee acquire?
The licensee acquires no interest in the property.
It is merely a personal right which can be terminated by either party.
List the four requirements of a lease.
- Exclusive occupation
- Payment of rent
- Duration for a specified term
- If more than for 3 years, the terms must be in writing, signed as a deed.
True or False: A licence grants exclusive rights to the property.
False.
A licence does not grant exclusive rights; it only allows lawful entry.
Fill in the blank: A licence is merely a _______.
[personal right]
It can be terminated by either party.
