Leasehold & Hybrid Estates Flashcards
When were leases first recognized as estates in land?
In the 15th century; before that, they only created personal rights.
What does Deasy’s Act (Section 3) say about leases?
It defines the landlord-tenant relationship as contractual but acknowledges leasehold estates.
What does the LCLRA 2009 (Section 11(3)) define as a leasehold estate?
Any estate created for a fixed or recurring period, regardless of whether it takes effect immediately or in the future.
What is a lease for a term of years?
A lease with a fixed duration (e.g., 99 or 999 years).
How can a lease for a term of years be terminated?
Automatically at the end of the term, or earlier due to non-payment of rent or breach of covenants.
What happens if a tenant remains after the lease ends without consent?
It becomes a tenancy at sufferance.
How is a periodic tenancy created?
By express agreement or implication (e.g., periodic rent payments).
How is a periodic tenancy terminated?
By giving notice, as regulated by the Residential Tenancies Act 2004.
What is a tenancy at will?
A tenancy with no fixed duration, usually without rent payments.
What key case is relevant to tenancy at will?
Cobb v Lane [1952], which ruled that mere possession does not imply a tenancy at will.
Does the LCLRA 2009 recognize tenancy at will as a leasehold estate?
No, Section 3 excludes it.
What is a tenancy at sufferance?
When a tenant stays after lease expiry without the landlord’s consent and without paying rent.
How long does a landlord have to take action against a tenant at sufferance under the Statute of Limitations?
12 years.
How did the LCLRA 2009 change the status of tenancy at sufferance?
It was abolished and is now considered trespass.
What is a hybrid estate?
An estate with both leasehold and freehold characteristics.
Why were hybrid estates created?
To enforce covenants more easily than in freehold estates.
Does the LCLRA 2009 allow new hybrid estates?
No, but it preserves existing ones.
How did leases for lives renewable forever work?
They could continue indefinitely if renewed by paying a fine.
Why were leases for lives renewable forever created?
To allow tenants to hold land permanently while landlords retained influence.
When were new leases for lives renewable forever prohibited?
1849 (Renewable Leasehold Conversion Act), later reinforced by LCLRA 2009 (Section 14)
What is a fee farm grant?
A fee simple estate subject to perpetual rent.
What are the types of fee farm grants?
Feudal Fee Farm Grants (from Crown subinfeudation).
Conversion Fee Farm Grants (converted under 1849 and 1868 Acts).
Deasy’s Act Grants (1860, no reversion required).
Does the LCLRA 2009 allow new fee farm grants?
No, but existing ones remain valid.
What are the three remedies for non-payment of fee farm rent?
Debt Action (always available).
Distress (seizing tenant’s goods, abolished in 2009).
Ejectment (eviction for non-payment).
What key changes did the LCLRA 2009 introduce for leasehold and hybrid estates?
Abolished tenancy at will & tenancy at sufferance.
Prohibited new leases for lives renewable forever.
Prohibited new fee farm grants.
