Leases

Question 1

What length lease is capable of being registered with its own title at the Land Registry?

Answer 1

Over 7 years

Question 2

In registered land, what type of interest is a registered lease?

Answer 2

Overriding interest

Question 3

What are the formalities for the creation of a lease for more than 3 years?

Answer 3

Deed

Question 4

What are the formalities for the creation of a lease for 3 years or less?

Answer 4

Parol lease - no formalities required

Question 5

What are the criteria for the creation of a parol lease?

Answer 5

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

Question 6

In what situations may equity intervene?

Answer 6

1. Where there is a contract to create or transfer a legal estate (but missing component such as deed)
2. 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

Question 7

What is the Wash v Lonsdale doctrine?

Answer 7

There is a contract

Complying with s 2 LPMPA, and

Clean hands

Question 8

What are the three essential characteristics of a lease, as per Street v Moutford?

Answer 8

1. Estate must be for a duration permitted for a leasehold
2. Must give exclusive possession
3. Must have correct formalities

Question 9

What does it mean that a lease must be of a “permitted duration”?

Answer 9

Must have a definable beginning and end

Question 10

What is an old lease versus new lease?

Answer 10

Before 1 Jan 1996 = old
After 1 Jan 1996 = new

Question 11

In a new lease, for covenants to pass to the assignee, do they need to touch and concern the land?

Answer 11

No - only covenants expressed to be personal do not pass to the assignee

Question 12

If a landlord sells the freehold, are they automatically released from their covenants?

Answer 12

No - must following criteria in ss 6 and 8 LT(C)A in order to obtain release

Question 13

What is an AGA?

Answer 13

A way in which the landlord can pursue the outgoing tenant

Question 14

Is the landlord required to pursue the assignee before pursuing the outgoing tenant under an AGA?

Answer 14

No, as it is a primary obligation on the outgoing tenant

Question 15

Can a former tenant recover any losses resulting from an AGA from the assignee?

Answer 15

Yes, on basis of principle or Moule v Garrett

OR

On basis of express indemnity given by immediate assignee

Question 16

What is the implication of s 17 LT(C)A 1995?

Answer 16

Before a landlord can pursue a former tenant for payment of rent, they must

1. Serve s 17 default notice on former tenant
2. Within 6 calendar months of fixed charge falling due

Question 17

What is the implication of s 18 LT(C)A 1995?

Answer 17

Applies when an assignee agrees to a variation of the terms of the lease which was not contemplated in the original lease

Question 18

What is the implication of s 19 LT(C)A 1995?

Answer 18

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

Question 19

What are a landlord’s remedies for non-payment of rent?

Answer 19

Debt action
CRAR
Forfeiture

Question 20

What are a tenant’s remedies for a breach of a landlord covenant?

Answer 20

Specific performance / injunction (discretionary)

Damages

Self-help

Question 21

If a lease is being brought to an end by a notice to quit, what period of notice is required?

Answer 21

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