Leases

Question 1

Short and Less then 1 year leases need

Answer 1

Must be in writing if over 1 yr, continuation of rent, an ish, come into possession

Question 2

Less than 1 yr

Answer 2

No Writing ROWA S1(7)

Question 3

More than 1 yr

Answer 3

S1(2)(b) and S2(1)

Question 4

If long lease

Answer 4

Also needs to be witnessed s6

Question 5

Johnson Case

Answer 5

Woman stayed over lease. Set market rate for time away

Question 6

Gray v U of Edi

Answer 6

Did not negotiate length in time so gave it 1 yr long

Question 7

License

Answer 7

Rangers Football club

Question 8

Leases are divided into 3 categories

Answer 8

Less than 1 yr, -20, +20

Question 9

1449 Leases Act

Answer 9

Create real right for 1 yr and -20 leases by : Having in writing if more than 1 yr, have an ish continuation of rent, must come into possession

Question 10

Registration of Long Leases

Answer 10

S2 1857 Act ( does not have to meet the 1449 criteria). Have own title sheet

Question 11

Offside goals can apply to Leases. Give an example

Answer 11

If granted valid contract of lease but not real right yet, then owner sells property. Offside goal

Question 12

Lead office goal case

Answer 12

Miller v Mcrobbie - signed a -20 lease, allowed to move in early but before it started. Sold house. No real right yet (no possession). No offside goal .

Question 13

Binding new tenant

Answer 13

YES: except not all aspects up lease only ones that are material

Question 14

Binding new tenant case examples

Answer 14

RUSS - Lease of 12$/m reduced to 5$/m if did repairs. Did not have to comply. BISSET - option to buy land. Did not have to comply. OPTICAL EXPRESS- lease to party at mall. Said would get exclusive rights to mall. Did not have to give this.

Question 15

Standard Securities

Answer 15

Can be granted over a lease (Conveyancing & Fedural Reform (S) Act S 9(2)

Question 16

Rights and obligations of parties

Answer 16

Possession (to leave tenant alone / and for tenant to occupy), Plenishing, Pay-rent, purpose of let , state of premise

Question 17

(Glebe Sugar Refining)

Answer 17

only have to premises suitable for ordinary trad work, not over supported

Question 18

Michael v McCord

Answer 18

Tenant left property for 2 weeks . Didnt turn off water. Liable for Damages.

Question 19

Termination (naturally)

Answer 19

Happens and Ish. Needs to be communicated if not rolls forward. If less than 1 yr lease , renews. If more than 1 yr, for 1 more yr. called TACTIC RELOCATION

Question 20

Premature Termination

Answer 20

Irritancy and Rescission , frustration (tay salmon fisheries), break clauses (special conditions in lease that say termination can happen under certain conditions)