leases

Question 1

what must a tenant have to have a leasehold interest?

Answer 1

exclusive possession of identifiable land for a definite period

Question 2

what are the three types of leases?

Answer 2

fixed term leases
periodic tenancy
tenancy at will

Question 3

what is a fixed term lease?

Answer 3

landlord grants the tenant a lease for a set term
anything from a few months to 999 years

Question 4

what is a periodic tenancy?

Answer 4

rolling tenancy that renews on a regular basis
period of tenancy is determined by the rental arrangment

Question 5

what is a tenancy at will?

Answer 5

informal tenancy that can be terminated at anytime, without notice

Question 6

what are the formalities for the creation of a legal lease?

Answer 6

void for the purpose of creating a legal lease unless made by deed - LPA 1925 s52

Question 7

what are the exceptions for the fact that leases must be made by deed?

Answer 7

s52(2) LPA 1925:
- at the best rent that can reasonably be obtained
- for a term not exceeding three years
- that take effect in possession

Question 8

what are the rules for registration of leases?

Answer 8

leases for a term of more than 7 years must be registered - LRA 2002 s27(2)
short leases containing easements must be registered

Question 9

what does the Law of Property (miscellaneous provisions) Act 1989 impose?

Answer 9

formal requirements on the formation of a binding contract for land
S2:
any contract for land must be in writing, contain all agreed on terms and be signed by or on behalf of both parties

Question 10

what are the essential elements of a lease according to Street v Mountford (1985)?

Answer 10

exclusive possession for a term at rent
if there is no exclusive possession then occupier can only have a licence

Question 11

what are the exceptions where there can be a lease without exclusive possession?

Answer 11

• service occupiers
• no intention to create legal relations or an act of generosity
• lodgers