Lease and Licences

Question 1

Elements of a lease

Answer 1

1. exclusive possession
2. fixed term period
   there will be covenants as well

Question 2

Street v Muntford

Answer 2

It is a lease if it matches

Question 3

Fatac Ltd V Commissoner of IRD

Answer 3

1. exclusive possession
2. fixed term period
   needed to make a lease

Question 4

Precdent on trespass with licence rights

Answer 4

Sealink - a licensee will have standing to sue in trespass only if it has “lawful possession”:
1. The licensee has the requisite degree of custody and exclusive physical control of the land (factual possession)
2. The parties intend that the licensee shall exercise custody and control for its own benefit.
Manchester airport -
Georgeski -

Question 5

Implied covenants section and act

Answer 5

Property Law Act 2007
218 Covenants, conditions, and powers implied in all leases
(1) Every lease contains the implied covenants, conditions, and powers set out in Part 2 of Schedule 3.
(2) The covenant set out in clause 9 of Part 2 of Schedule 3 (lessee entitled to quiet enjoyment) …

Question 6

Key implied covenants

Answer 6

s 218; Schedule 3

4 Payment of rent
(1) The lessee will pay the rent payable under the lease when it falls due.
5 Alteration of buildings
The lessee will not, without the consent of the lessor, alter any building that comprises, or is part of, the leased premises.

6 Noxious or offensive acts or things
(1) The lessee will not do, or permit to be done … (2) any act or thing that causes … any nuisance, damage, or disturbance.

13 Lessee to keep and yield up premises in existing condition

Question 8

s 24 of the PLA relating to the valid disposition of land

Answer 8

1. the contract is in writing or its terms are recorded in writing;
2. the contract or written record is signed by the party against whom the contract is sought to be enforced.

Question 9

s 241 of the PLA relating to the tenants and subtenants obligaiton to the landlord

Answer 9

241 Transferor or assignor remains liable
(1) If there has been a transfer or assignment of a lease, the transferor or assignor remains liable to the lessor for—
(a) the payment of the rent payable under the lease; and
(b) the observance and performance of all covenants of the lessee.