LEASE

Question 1

MEANING OF A LEASE

Answer 1

Grant of exclusive possession of real property for a certain term for valuable consideration.

Question 2

ESSENTIAL OF A LEASE

Answer 2

1Exclusive Possession section 79(2) of PCL.
.2. Certainly of Parties- the parties must be ad idem to creat a leasehold with reversionary interest. 3. Certainty of Property. 4. Certainty of Term. 5 Compliance with Form

Question 3

TENURE

Answer 3

In the absence of any contrary provision, nature of tenancy is to be determined by reference to time when the rent is paid or demanded. Sec. 13 of Lagos State Tenancy Law. A. Tenant at will- a week.B . A monthly Tenant- a month notice. C . A quarterly Tenant 3 month’s notice. A half year Tenant -3 months. A yearly Tenant-6 months notice.

Question 4

FIXED TENANCY

Answer 4

Notice not mandatory-it is determined by Effluxion of time .

Question 5

MODE OF CREATION

Answer 5

Oral - see Odutola V Papersack.,,2 Written- where the terms are easily ascertainable and enforceable and order of specific performance may be easily ordered.3. Lease by Deed . 4. By conducts-acts of performance 5 Rule in Wash V Lonsdale - Equity looks at the intention of the parties not the form and Equity regards as done that which ought to have be done.

Question 6

Occupation without being aLessee

Answer 6

Ebenezer V Bell the paying for use of premises does not create a lease there must be an intention to create a legal relationship. 2 Occupation by Freeholders, trespassers, Purchasers in possession under contract of sale, an object of Charity, occupation by reason of employment. .3. Where the owner does not have the power to grant a lease.

Question 7

A licence

Answer 7

No exclusive possession, the privilege may be terminated anytime. See the case of Street V Mounford —- the ctr is said to be a license but with exclusive possession the court declared a lease

Question 8

Certainty of Terms

Answer 8

Commencement and expiration dates must be expressly stated. See Okechukwu V Onuorah . - it was held the day onitsha local gvt issued certificate of occupancy was good as commencement date::Occurrenceof future contingency was valid and valid the moment the event occurred.

Question 9

Certainty of Terms 2

Answer 9

UBA V Tejumola

Question 10

RENT IN LEASE

Answer 10

Rent is not mandatory, there could be a valid lease without the payment of rent. eg..Premium, rent-free under a sale, and where there is only undertaking to perform and observe the covenant in a lease .

Question 11

TYPE OF RENT IN LEASES

Answer 11

1. GROUND, 2. RACK, 3. PREMIUM

Question 12

Relevance of Review Clause

Answer 12