Leasehold

Question 1

Street v Mountford (1985)

Answer 1

A lease must grant exclusive possession of the property for a fixed or periodic term at a rent. It is the nature of the rights created which are important . Superficial labels are irrelevant . The only intention that was relevant was the intention to confer exclusive possession .

Question 2

National Car Parks Ltd v The Trinity Development Co (Banbury)

Answer 2

The agreement was held to be a license. Although the labelling of the agreement was not conclusive , it did carry weight , and there was nothing in the agreement which suggested it was a sham to avoid conferring statutory rights . It was significant that the agreement commenced with the imposition of numerous obligations on NCP , rather than conferring a right of occupation. It was also significant that there was no covenant of quiet enjoyment , which is a usual characteristic of a tenancy.

Question 3

Walsh v Lonsdale (1882)

Answer 3

The doctrine of Walsh v Lonsdale (1882) was created , allowing equity to regard as done that which ought to be done . This created an equitable equivalent of a formally defective but otherwise legal lease . This will only operate where the contract underlying the defective lease complies with LPAMP 1989 , S1, is in writing , contains all express terms , is signed by or on behalf of all parties , provides for consideration and is specifically enforceable .