Leases

Question 1

What are the 3 essential attributes of a lease?

Answer 1

grant of exclusive possession, for a certain term, at a rent

Question 2

Leases v licences

Answer 2

leases are proprietary, licences are personal. leases are estates in the land. leases involve exclusive possession.

Question 3

What are the types of leases?

Answer 3

fixed term lease, periodic tenancies, the Bruton tenancy

Question 4

What is forfeiture?

Answer 4

the process by which a landlord can terminate a lease if the tenant breaches a leasehold covenant, by exercising a ‘right to re-enter’ the leased premises

Question 5

When is forfeiture available?

Answer 5

a) the lease contains an express forfeiture and re-entry clause, b) the covenant breached is drafted as a condition, c) a right to forfeiture is implied into a lease where the tenant acts contrary to the fundamental aspect of the landlord/tenant relationship