Leases Flashcards
Why was the lease in Lace v Chantler [ 1944] not considered a legal estate in land? clue: war
‘for the duration of the war’- did not provide certainty of term
Why could the expression ‘term of years’ be deemed misleading? clue: even shorter is fine
a lease could be qualifying for a week, month or even in time sharing arrangements- Cottage Holiday Associates Ltd v Customs and Excise Commissioners [1983]
What is the difference between fixed and periodic tenancies? Explain.
fixed- runs for x period of time- 99 yrs lease
periodic- renews each time- every month until notice given
Provide case law associated with the concept of periodic tenancies.
Hammersmith LBC v Monk [1992]- lease is still for a certain term, therefore a legal estate
What is the general issue with a lease for life or until marriage?
Not a legal estate- certainty of time not present
Why is s.149 (6) LPA 1925 relevant to the arrangements of lease for life or marriage?
if lease is granted for rent or in consideration of a fine- it takes effect as a fixed term of 90 years– again notice is required to terminate
What is meant by the term ‘tenancy at will’?
tenancy may be terminated by either party at any time. Does not create a legal interest in land
Why could a ‘tenancy at will’ arise? Provide case law. Clue: several occasions
1.Parties do not wish to commit to a fixed period- Manfield & Sons Ltd v Botchin [1970]
2.Arise by implication by the acts of parties- former tenant continues to occupy after expiration of the lease- Dean v Whitbread [1995]
3.Attempt has been made to grant a lease for a longer term, but formality rules have not been complied with- Proctor v Proctor [2021]
4. Family arrangements
What is a reversionary lease?
a lease that does not start immediately, but sometime in the future
What does s.149 (3) provide in the terms of grant and start of term? clue: void lease; does not apply for contracts
The commencement of the term should be more than 21yrs into the future. (starting from date of grant)
Put the terms in order HEADLEASE, UNDERLEASE, SUBLEASE
1.Headlease- freeholder grants a leasehold
2. Sublease- leaseholder (tenant) grants a lease (effectively becoming the new landlord to this subtenant)
3. Underlease- subtenant grants a periodic tenancy to a undertenant- effectively also taking the position of a landlord
What is a leasehold/freehold reversion?
Holder of L/F is entitled to possession only after someone else’s right to possession has come to an end
What is the criteria for creating a lease?- which case confirms this?
-exclusive possession
- certainty of time
- no longer than grantor’s entitlement
Street v Mountford [1985]
What does the case of Berrisford [2011] tell us? Clue- reverse principle of S v M
An agreement titled ‘a lease’, which does not satisfy the requirements could only take effect as a contractual license
Terms inconsistent with EP-guardian schemes case
Cameron Management Ltd v Khoo [2018]
Give a case, which involves a sham clause- granting a license, when it is actually a lease
Antoniades v Villiers [1990]- 1 bedroom flat rented out to a couple, with a clause that the landlord could move in as they wish- UNREALISTIC!
What did the case of AG Securities v Vaughan [1990] tell us? clue: joint tenants
multiple people could jointly hold a single lease only if the 4 unities are present
What are the 4 unities? clue: joint tenants
-possession of the whole property
-time- interests started at the same time
-title- deprived from the same transaction
-interest- identical in nature and duration
joint rights and obligations- unity of interest- provide case law
Mikeover Ltd v Brady [1989]
Describe the issues that arose in the case of Proctor [2021]. Clue- lease requirements not met
the 4 unities must still be met. In this case the landlord classified himself as a tenant and took on the possession; as well as reserving the right to rent from other tenants
Cases where EP was granted but there was no intention to create legal relations
- Foster v Robinson- farmer allowed to remain rent-free in his cottage after retirement
-Errington [1952]- young married couple in husband’s father’s house
Cases where EP was granted due to another property right not a tenancy
property guardianship- Bevan [2023]; Laleva [2021]- service occupier
EO v EP- describe the difference using an example. Clue: hotel guest
a hotel guest has excl. occupation of his room, but does not have excl. possession, because he is not able to exclude the hotel staff and owners from the premises
What is capable of invalidating a periodic tenancy? Provide case law. clue- lack of certainty. How could this be resolved? Clue: s.149 (6)
Prudential; Berrisford [2011]. The restriction on the landlord’s right to end the tenancy by notice. Could this be a tenancy for life?
Rent is not an essential characteristic for a tenancy. Case law
Ashburn Anstalt v Arnold [1989]
Leases of 3 years or less- creation
orally or in informal writing. lease must satisfy the requirements of the LPA 1925 s.54 (2)
what are the s.54 (2) LPA requirements? clue: leases of 3 years or less
- takes effect in possession
- market rent
- no payment of premium required
Leases of 3 to 7 years- creation
s.52 (1)- require a deed but no registration
Leases of 7+ years- creation
by deed- s.52 (1) LPA and require registration- LRA 2002-s.27
Freedom of contract approach; pro landlord
Stewart v Watts; Khoo
How did the courts find ‘exclusive possession’ in Roynon? What were the justifications of this somewhat generous interpretation?
they interpreted prohibitions of inviting guests as akin to keeping pets for instance. Also looked at AG v Vaughan, question for EP of a room was left opened
in commercial cases, where there is equality of bargaining power the courts give more authority to freedom of contract
Banbury Ltd [2001]
which cases to an extent dissolved the ‘certainty of time’ requirement?
Prudential; Berrisford
Which argument is made by Pawlowski in support that a Bruton tenancy could have overriding status?
the concept of a quasi-lease
only proprietary rights may override
Re Northern Property Buyers [2014]
the exceptional circumstances, outlined in S v M, where exclusive possession takes place but there is no lease
A tolerated trespasser- Burrows [1996]
Service Occupancy- Checksfield [[1992]; Laleva [2021]
Family Arrangements- Cobb v Lane [1952]
Acts of generosity- Burns [1974]
Any other legal relationship- Gray v Taylor [1998]…. until Bruton
it is easier to find intention to withdraw EP, hence avoid a lease in business relations- case law
Collinson [1987]
