Leases

Question 1

Why was the lease in Lace v Chantler [ 1944] not considered a legal estate in land? clue: war

Answer 1

‘for the duration of the war’- did not provide certainty of term

Question 2

Why could the expression ‘term of years’ be deemed misleading? clue: even shorter is fine

Answer 2

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]

Question 3

What is the difference between fixed and periodic tenancies? Explain.

Answer 3

fixed- runs for x period of time- 99 yrs lease
periodic- renews each time- every month until notice given

Question 4

Provide case law associated with the concept of periodic tenancies.

Answer 4

Hammersmith LBC v Monk [1992]- lease is still for a certain term, therefore a legal estate

Question 5

What is the general issue with a lease for life or until marriage?

Answer 5

Not a legal estate- certainty of time not present

Question 6

Why is s.149 (6) LPA 1925 relevant to the arrangements of lease for life or marriage?

Answer 6

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

Question 7

What is meant by the term ‘tenancy at will’?

Answer 7

tenancy may be terminated by either party at any time. Does not create a legal interest in land

Question 8

Why could a ‘tenancy at will’ arise? Provide case law. Clue: several occasions

Answer 8

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

Question 9

What is a reversionary lease?

Answer 9

a lease that does not start immediately, but sometime in the future

Question 10

What does s.149 (3) provide in the terms of grant and start of term? clue: void lease; does not apply for contracts

Answer 10

The commencement of the term should be more than 21yrs into the future. (starting from date of grant)

Question 11

Put the terms in order HEADLEASE, UNDERLEASE, SUBLEASE

Answer 11

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

Question 12

What is a leasehold/freehold reversion?

Answer 12

Holder of L/F is entitled to possession only after someone else’s right to possession has come to an end

Question 13

What is the criteria for creating a lease?- which case confirms this?

Answer 13

-exclusive possession
- certainty of time
- no longer than grantor’s entitlement
Street v Mountford [1985]

Question 14

What does the case of Berrisford [2011] tell us? Clue- reverse principle of S v M

Answer 14

An agreement titled ‘a lease’, which does not satisfy the requirements could only take effect as a contractual license

Question 15

Terms inconsistent with EP-guardian schemes case

Answer 15

Cameron Management Ltd v Khoo [2018]

Question 16

Give a case, which involves a sham clause- granting a license, when it is actually a lease

Answer 16

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!

Question 17

What did the case of AG Securities v Vaughan [1990] tell us? clue: joint tenants

Answer 17

multiple people could jointly hold a single lease only if the 4 unities are present

Question 18

What are the 4 unities? clue: joint tenants

Answer 18

-possession of the whole property
-time- interests started at the same time
-title- deprived from the same transaction
-interest- identical in nature and duration

Question 19

joint rights and obligations- unity of interest- provide case law

Answer 19

Mikeover Ltd v Brady [1989]

Question 20

Describe the issues that arose in the case of Proctor [2021]. Clue- lease requirements not met

Answer 20

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

Question 21

Cases where EP was granted but there was no intention to create legal relations

Answer 21

• 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

Question 22

Cases where EP was granted due to another property right not a tenancy

Answer 22

property guardianship- Bevan [2023]; Laleva [2021]- service occupier

Question 23

EO v EP- describe the difference using an example. Clue: hotel guest

Answer 23

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

Question 24

What is capable of invalidating a periodic tenancy? Provide case law. clue- lack of certainty. How could this be resolved? Clue: s.149 (6)

Answer 24

Prudential; Berrisford [2011]. The restriction on the landlord’s right to end the tenancy by notice. Could this be a tenancy for life?

Question 25

Rent is not an essential characteristic for a tenancy. Case law

Answer 25

Ashburn Anstalt v Arnold [1989]

Question 26

Leases of 3 years or less- creation

Answer 26

orally or in informal writing. lease must satisfy the requirements of the LPA 1925 s.54 (2)

Question 27

what are the s.54 (2) LPA requirements? clue: leases of 3 years or less

Answer 27

• takes effect in possession
• market rent
• no payment of premium required

Question 28

Leases of 3 to 7 years- creation

Answer 28

s.52 (1)- require a deed but no registration

Question 29

Leases of 7+ years- creation

Answer 29

by deed- s.52 (1) LPA and require registration- LRA 2002-s.27

Question 30

Freedom of contract approach; pro landlord

Answer 30

Stewart v Watts; Khoo

Question 31

How did the courts find ‘exclusive possession’ in Roynon? What were the justifications of this somewhat generous interpretation?

Answer 31

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

Question 32

in commercial cases, where there is equality of bargaining power the courts give more authority to freedom of contract

Answer 32

Banbury Ltd [2001]

Question 33

which cases to an extent dissolved the ‘certainty of time’ requirement?

Answer 33

Prudential; Berrisford

Question 34

Which argument is made by Pawlowski in support that a Bruton tenancy could have overriding status?

Answer 34

the concept of a quasi-lease

Question 35

only proprietary rights may override

Answer 35

Re Northern Property Buyers [2014]

Question 36

the exceptional circumstances, outlined in S v M, where exclusive possession takes place but there is no lease

Answer 36

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

Question 37

it is easier to find intention to withdraw EP, hence avoid a lease in business relations- case law

Answer 37

Collinson [1987]