Leases Flashcards
What length lease is capable of being registered with its own title at the Land Registry?
Over 7 years
In registered land, what type of interest is a registered lease?
Overriding interest
What are the formalities for the creation of a lease for more than 3 years?
Deed
What are the formalities for the creation of a lease for 3 years or less?
Parol lease - no formalities required
What are the criteria for the creation of a parol lease?
3 years or less (considered by duration of payment)
Immediate right to possess and enjoy the land
Tenant must pay market rent
Landlord must not charge fine / premium
In what situations may equity intervene?
- Where there is a contract to create or transfer a legal estate (but missing component such as deed)
- Attempt to grant a legal estate / interest but failing to use a valid deed, and does not meet parol citeria
Both must meet Walsh v Lonsdale doctrine
What is the Wash v Lonsdale doctrine?
There is a contract
Complying with s 2 LPMPA, and
Clean hands
What are the three essential characteristics of a lease, as per Street v Moutford?
- Estate must be for a duration permitted for a leasehold
- Must give exclusive possession
- Must have correct formalities
What does it mean that a lease must be of a “permitted duration”?
Must have a definable beginning and end
What is an old lease versus new lease?
Before 1 Jan 1996 = old
After 1 Jan 1996 = new
In a new lease, for covenants to pass to the assignee, do they need to touch and concern the land?
No - only covenants expressed to be personal do not pass to the assignee
If a landlord sells the freehold, are they automatically released from their covenants?
No - must following criteria in ss 6 and 8 LT(C)A in order to obtain release
What is an AGA?
A way in which the landlord can pursue the outgoing tenant
Is the landlord required to pursue the assignee before pursuing the outgoing tenant under an AGA?
No, as it is a primary obligation on the outgoing tenant
Can a former tenant recover any losses resulting from an AGA from the assignee?
Yes, on basis of principle or Moule v Garrett
OR
On basis of express indemnity given by immediate assignee
What is the implication of s 17 LT(C)A 1995?
Before a landlord can pursue a former tenant for payment of rent, they must
- Serve s 17 default notice on former tenant
- Within 6 calendar months of fixed charge falling due
What is the implication of s 18 LT(C)A 1995?
Applies when an assignee agrees to a variation of the terms of the lease which was not contemplated in the original lease
What is the implication of s 19 LT(C)A 1995?
If a former tenant pays the sum demanded in accordance with a s 17 default notice in full, s 19 allows the former tenant to request an overriding lease from the landlord, which is:
o The same duration as the original lease but less three days,
o On the same terms as the original lease, and
o Granted by the landlord to the former tenant
What are a landlord’s remedies for non-payment of rent?
Debt action
CRAR
Forfeiture
What are a tenant’s remedies for a breach of a landlord covenant?
Specific performance / injunction (discretionary)
Damages
Self-help
If a lease is being brought to an end by a notice to quit, what period of notice is required?
General rule of one full period’s notice required (or yearly requires not less than a half year’s notice)
If premises are wholly or partly let as a dwelling house and tenant is in occupation, not less than 4 weeks notice
