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Land Law > Lease/Licence > Flashcards

Lease/Licence Flashcards

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1
Q

Lease/Licence - What is it

A

Lease is a proprietary right in land, right of exclusive possession enforceable against everyone, repair - may move obligation for repair to the landlord, statutory protection, binding on new landlord, security of tenure. Licence - personal only, easily terminated, can’t be enforced against 3rd party

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2
Q

Street v Mountford

A

Characteristics of a lease: certainty of term and exclusive possession. Plus look at the substance NOT the form

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3
Q

LPA 1925 s 205 (xxvii)

A

No need for rent

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4
Q

Ashburn v Astalt Arnold

A

Confirmed no need for rent

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5
Q

Lace v Chandler

A

For a fixed term lease, need to know the maximum duration of the term from when the lease starts. Until the end of WW2 not sufficient

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6
Q

Prudential Insurance v London

A

Until land needed for road widening - not fixed. But it was an implied periodic because payment was by reference to a defined period

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7
Q

Break clauses and forfeiture clauses

A

Can still be a fixed term

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8
Q

Berrisford v Mexfield

A

Uncertain lease interpreted as a lease for life = 90 year fixed term determinable on an uncertain event/death of grantee

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9
Q

Hammon v Farrow

A

Period will be by reference to agreed mode - monthly, weekly, etc. £500 per month = mostly periodic tenancy

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10
Q

Javad v Aqil

A

you won’t have periodic tenancy if the payments are temporarily arrangement - ‘until we sort out the lease’ - if there’s no intention to create periodic

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11
Q

Implied periodic

A

automatically renewed until either party serves a notice to quit - with nothing in writing but looking at:

i. Ladies Hosiery v Parker - agreed mode of payment used
ii. Barclays Wealth v Erimus - can also be other factors looked at by court

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12
Q

Aslan v Murphy

A

whether the L has they key - whether he can enter. If the L has the key for emergency - does not defeat possession. But if it has the right to enter the building whenever he wants - not exclusive possession. But if he never does - it’s a sham

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13
Q

AG Securities v Vaugh

A

Right to exclude others - here, genuine. Type - very large flat, 4 locking bedrooms, shared kitchen and bathroom. Relationship - 4 young professionals who answered adverts, didn’t know each other. Wording - introduce others up to a maximum of 4 and there were 4 bedrooms. Had been exercised - if they couldn’t find a new housemate he would find one for them and pay for adverts etc. Genuine reservation of the right, exclusive possession defeated

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14
Q

Antonaides v Villiers

A

Right to exclude others - here, sham so still exclusive possession. Clause saying landlord could introduce others and landlord himself could share. Type - 1 room bedsit. Relationship - unmarried couple, double bed. Wording - share introduce others without limit - just put in to defeat exclusive possession, unrealistic. Had never been exercised. “An air of complete unreality”

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15
Q

Marchant v Charters and Huwler v Ruddy

A

If landlord provides services and has unrestricted access to provide them, not exclusive if not sham. Lodger not a tenant - making beds or breakfast

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16
Q

Service occupancy defeats the lease - Norris v Checkserfield

A

coach driver - given accommodation given where he worked but he didn’t have driving licence. This was a service occupancy. There must be a factual nexus - the employment to do and the occupation must improve it thanks to the lease

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17
Q

Royal Philantropic v County

A

When housemaster at school, service occupancy because lived in school house. Then moved out of school house to another house owned by the school, and it was held that this was a perk of the job, not service occupancy. Won’t be a service occupancy if it’s just a perk of the job - employment needs to be material

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18
Q

No Intention to create legal relations - Facchini v Bryson

A

Although rent not essential - if not paid then it might mean that it’s just an act of generosity not a lease - no ICLR. Also family or friends relationship makes lease less likely

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19
Q

Heslop v Burns

A

No intention, letting them live there was complete act of generosity

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20
Q

Nunn v Dalrymple

A

No generosity, paid rent, did renovation works - there was ICLR

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21
Q

Exclusive possession and business tenancies

A

Street v Mountford is applicable to business tenancies. Affects security of tenure because tenants, but not licensees, are protected by Landlord and Tenant Act 1954.

Does the landlord retain control over the property? Construe documents as a whole. Court more likely to accept the label because parties have legal advice, should understand what they’re doing

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22
Q

Dresden Estates v Collinson

A

Agreement labelled as a license and landlord reserved right to require Collinson to move into another property. Looking at all circumstances and provisions, changing the property wasn’t compatible with tenancy, so only a license - no exclusive possession

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23
Q

Esso Petroleum v Fumergrange

A

3 separate agreements. Esso had high degree of control - dictate colour scheme, layout, what could be sold, terms of car wash, right to come in and inspect the accounts. Agreements looked at as one, the level of control meant was a license

24
Q

Clear Channel v Manchester City Council

A

Advertising sites - looking at substance of arrangement was a license - business had chosen to enter an agreement called a license, they should have known what they were doing

25
Q

Formalities/enforceability

A

If conclude it’s a lease, need to discuss whether it’s legal or equitable and whether it binds purchaser

26
Q

s1(1)(b) LPA 1925

A

Lease is capable of being a legal interest in land

27
Q

s52(1) LPA 1925

A

a lease of more than 3 years must be created by deed

28
Q

s 54(2) LPA 1925

A

A lease 3 years or less doesn’t need to be created by deed to be legal if no premium, best rent, in possession

29
Q

s1 LP(MP)A

A

Deed must be clear on face that deed, signed, witnessed, delivered

30
Q

7+years

A

deed must be registered

31
Q

Schedule 3 para 1 LRA 2002

A

A lease of 7 years or less is an overriding interest

32
Q

Unregistered Land

A

automatically binding

33
Q

Equitable

A

Agreement to create lease, failed legal lease, L has equitable estate

34
Q

s2 LP(MP)A 1989

A

if a lease isn’t legal, will be equitable if it complies with this - contract

35
Q

s32 LRA 2002

A

an equitable lease must be protected with a notice (reg.land)

36
Q

Sched 3 para 2 LRA 2002

A

won’t need to be registered if overriding interest -if the lessee is in actual occupation

37
Q

Unregistered land

A

register equitable lease with a C4 Land Charge

38
Q

Repair

A

License - repair obligations unchanged; lease - may have moved from tenant to landlord

39
Q

Regis Property v Dudley

A

Tenants won’t be normally liable for fair wear and tear but you are liable for limiting consequential damage

40
Q

Lurcott v Wakely

A

Repair/renewal - repair includes replacement of a part of a property. Renewal means replacing all/substantial part

41
Q

s13 LTA 1985

A

Applies to residential leases with terms of less than 7 years

42
Q

s12 LTA 1985

A

restricts contracting out of s11 by imposing a repair covenant

43
Q

s11 LTA 1985

A

landlord is obligated to repair the structure, exterior and installations of the building

44
Q

Irvine v Moran

A

structure = anything which gives building its appearance, stability and shape

45
Q

Grand v Gill

A

plaster = structure, wallpaper does not account

46
Q

Douglas-Scott v Scorgie

A

roof of building = structure

47
Q

Quick v Taff & Ely

A

windows apply

48
Q

Edwards v Kumarasamy

A

uneven paving stone on the path outside is not part of the exterior

49
Q

O’Brien v Robinson

A

L’s liability does not arise until they have notice of the defect

50
Q

McGreal v Wake

A

Damage consequential to the original damage falls to the party liable for the original damage

51
Q

s11(2)(a) LTA 1985

A

Landlord may be able to pass liability back to tenant if they fail to act in a tenant-like manner

52
Q

Warren v Keen

A

Failure to act in tenant like manner = not doing the jobs you should do as owner, taking care of property

53
Q

Remedies

A

If against tenant - damages. If landlord - specific performance

54
Q

Jonathon Earle v Sotos Charambous

A

Damages can include for distress

55
Q

Jeune v Queen’s Cross Properties

A

Specific performance for the landlord to carry out repairs

56
Q

Rainbow Properties v Tokenhold

A

Specific performance available against tenant if landlord can’t do repairs

Land Law (3 decks)

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