Lease Structure

Question 1

1. Certainty Cases?

Answer 1

—- Harvey v Pratt (future Leases must have a certain start date)

—- Lace v Chantler (There must a a certain end date at outset)

—- Asburn Anstalt v Arnold (retrospective certainty is sufficient/ overruled by Prudential)

—- Prudential Assurance (Leases must have a fixed minimum duration and defined starting date)

—- Berrisford v Mexfield (Most leases of uncertain duration can be transformed in 90yr lease s.149(6))

Question 2

3. Exclusive Possession cases

Answer 2

Exclusive Possession
- Street v Mountford (Lord Templeman)(right to exclude others/strangers including the landlord) (tenant v Lodger)

Terms

• — Aslan v Murphy (EP if term is too minimal or not genuine)(must ask why landlord is keeping the key) (duty=tenant) (service= lodger)
• — Marchant v Charters (Provision of Services indicates no EP)
• — Westminister v Clarke (Right to move occupier to another room indicated no EP)
• — Antoniades (Term to introduce other occupiers) (If term is unrealistic, it will not be considered)
• —Street v Mountford (Lord Templeman) (right to enter the property) (if unlimited= licence)( if limited= E.P)

Unity of Possession

• — Antoniades (Agreements should be read together as a whole)(Both would sign or neither)
• — Vaughan (independent agreements, different rent, different periods, No Unity of Title)
• — Mikeover v Brady (rent and agreements were not interdependent) (no unity of interest)

Exceptions to Exclusive Possession

• — Booker v Palmer (Acts of charity, friendship or generosity are exceptions)
• — Crane v Morris (employees required to occupy for job are exceptions)(more than a fringe benefit)

Question 3

2. Rent Cases?

Answer 3

• Ashburn Ainstalt v Arnold (rent is not required)

- Brown v Gould (rent amount must be certain)

Question 4

4. Formalities Cases/sections?

Answer 4

• S. 1 LPA 1925 (legal or equitable)
• S. 2 LP(MP)A 1989 (contract)
• S. 52(1) LPA 1925 (conveyance)
• s. 27(2) LRA 2002 (more than 7 years) (required to be registered)
• S. 54(2) LPA 1925 (3 yrs or less) (can be oral and legal)

Equity
- Walsh v Lonsdale (a valid contract is required under s.2 LP(MP)A 1989)

Question 5

5. Breach of Covenant Cases/sections?

Answer 5

Peaceable re-entry
—- Billson (Right to apply for relief after forfeiture by peaceable re-entry)

Forfeiture

• Rent (s.212 CLP Act 1852)
• Breach of covenant

Breach of covenant
—- s. 146 (notice of forfeiture)
—- Akicci v Butlin (Neuberger LJ) (most breaches can be remedied)
—- Savva v Hussein (carrying out alterations without consent was remediable by restoring the
property to its original position and paying appropriate compensation to the lessor)
—- Rugby School v Tannahill (Some breaches are incapable of being remedied)
—- Glass v Kencakes (Some remedies can be remedied by evicting the sub-tenant

Releif

• –Billson (Available until final court order)
• — Van Haarlam (Court will not allow forfeiture in some cases if it would be overly harsh)