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Land Law > Leases > Flashcards

Leases Flashcards

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1
Q

Formalities to create a lease

A

If 3 years or less then parol lease and no formalities

If more than 3 years need a deed for a legal lease

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2
Q

Can a lease be created orally

A

Only a parol lease

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3
Q

When can a lease be equitable due to failure of formalities

A

Contract to transfer land

Attempt to create a deed but not valid so find a contract

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4
Q

Essential requirements of a lease

A

Specific duration
Exclusive possession
Correct formalities

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5
Q

Is rent necessary to create a lease

A

No

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6
Q

Can a license be assigned

A

No

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7
Q

Can you create a lease for life

A

No this would create a lease for 90 years ending on death of tenant

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8
Q

What is a break clause

A

A fixed term tenancy with a contractual right to bring it to an end

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9
Q

When does T have exclusive possession

A

When in general control even if contract tries to exclude it

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10
Q

Is a lease created if employer lets employee live with them

A

No just a licence

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11
Q

Can a legal periodic lease be inferred

A

Yes

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12
Q

Is a parol lease legal or equitable

A

Legal

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13
Q

Implied covenants

A

Quiet enjoyment and fitness of property

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14
Q

What is quiet enjoyment

A

Ts possession of land will not be substantially interfered with by acts of L

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15
Q

Can L interfere with Ts peace or comfort to encourage them to leave

A

No this is an offence

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16
Q

Ls obligations re dwelling houses

A

Keep on repair structure, exterior and installations of water gas electric sanitation and heating

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17
Q

Alienation meaning

A

Disposal of existing leasehold

18
Q

Can T assign lease

A

Absolute prohibition - no
Qualified prohibition - need consent
Fully qualified prohibition - need consent which cannot be unreasonably withheld

19
Q

Can there ever be a qualified covenant against assignment, under letting, charging, or parting with possession

A

No because LTA turns it into a fully qualified covenant

20
Q

Enforcement of covenants in leases before 1Jan 1996

A

Contract may bind successors. If not:
Old T: privity of contract. Remains liable for burden until end of lease even after asignment. Gives up benefit
New T- privity of estate. Liable for covenants that touch and concern the land.
New L: liable for covenants that touch and concern the land
L can pursue old T, new T or both
Old T can sue new T under common law, indemnity or implied indemnity

21
Q

Enforcing covenants under leases created post 1 Jan 1996

A

New T and Old T liable for benefit and burden (unless personal) only while lease is vested in them and then automatically released. L can only pursue current T
New L subject to benefit and burden (unless personal)while holding freehold and then must apply to be released or can put in contract that no longer liable when not holding freehold. Otherwise T can pursue old L and new L or both

22
Q

What is an authorised guarantee agreement

A

Agreement between L and outgoing T than L can hold Outgoing T liable for breach of covenant by new T

23
Q

What remedy can L have if new T is bankrupt and disclaims lease

A

Can require old T to enter into lease again

24
Q

When can L have an AGA

A

Lease covenant against alienation and reasonable (or if commercial it was a condition of consent)

25
Q

How can a fOrmer T recover for loss suffered under AGA

A

Recover from current T or indemnity (indemnity only implied into old leases)

26
Q

Can L get a guarantor as well as an AGA

A

Yes

27
Q

S17 LTA

A

L can sue original T for fixed charge not paid by current T. Serve notice within 6 months of it falling due

28
Q

If old T pays under s17 LTA what can they have in return

A

An overriding lease

29
Q

According to s18 LTA when does s17 apply

A

When new T agrees to variation of terms of lease not originally contemplated

30
Q

S19 LTA terms of overriding lease

A

Same terms and duration plus 3 days

Must pay rent and comply with covenants

31
Q

Ways to determine a lease

A

Surrender - mutually agree to end by deed (doesn’t end sub-t)
Disclaim- bankruptcy or liquidation (doesn’t end sub-t)
Repuditory breach
Frustration
Merge - L and T are same person

32
Q

Ts remedies for breach of L covenant

A

Damages - contractual principles
Self help- cannot with hold rent but can notify L and if fail to repair then do it self and recover cost (set off at common law)
Set off at equity- T can have unliquidated claim set off against liability for rent if they withhold rent and L sues. Two claims must be sufficiently direct

33
Q

Ls remedies for non-payment of rent

A

Debt action
Commercial rent arrears recovery - take possessions and sell.
Forfeit

34
Q

When at commercial rent arrears recovery be used

A

Commercial property
Rent only (not insurance etc)
Rent due must exceed 7 days
L must give T min of 7 days notice of intention from authorised enforcement agent

35
Q

When can T apply for relief from forfeiture

A

Pays everything before trial
Courts discretion within 6 months of court order
Courts discretion for Non residential lease within any period of time if no court order was obtained

36
Q

Can L loose right to forfeit

A

If they waive breach expressly or impliedly by recognising continuation of lease in full knowledge of breach

37
Q

How to forfeit

A

Make formal rent demand at premises in daylight unless lease removes this requirement

38
Q

Ls remedies for breach of other covenants (not rent)

A

Damages
Specific performance
Self help - if lease allows L to enter
Forfeiture - other than for nonpayment of rent it must be allowed by lease

39
Q

Notice required for L to seek damages from T for breach of covenant other than rent

A

If lease have 3 or more years unexpired serve s146 notice on T explaining they can serve counter notice claiming benefit of 1938 Act Within 28 days. If they do no further action without leave of court

40
Q

How to forfeit - breach of covenant other than rent

A

Serve notice specifying breach and deadline to remedy

41
Q

Does forfeiture of head lease end sub lease

A

Yes but sub T can apply to court to have headlease vested in them on terms court thinks fit

42
Q

Can you remedy breach of covenant against alienation

A

No

Land Law (6 decks)

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