Leases

Question 1

Where is the definition of leases

Answer 1

S205 LPA 1925 “term of years absolute”

Question 2

Essence of a lease - 4 qualities

Answer 2

Exclusive possession, fixed start date, certainty of duration, parties identified

Question 3

What’s the Street v Mountford formula

Answer 3

For a term, at a rent, with exclusive possession

Question 4

What case shows that exclusive possession ios a prerequisite for a lease

Answer 4

Antoniades v Villiers (sham clause saying landlord could stay any time)

Question 5

Case that shows landlord’s retention of keys doesn’t undo exclusive possession

Answer 5

Aslan v Murphy

Question 6

Case where 4 tenants under seperate instruments did not have exclusive possession

Answer 6

AG Securities v Vaughan - they each had a licence

Question 7

Case where there was a service occupancy, so no lease

Answer 7

Norris v Chepsfield - mechanic - not just a fringe benefit

Question 8

Case where there was no certainty of duration

Answer 8

“duration of the war” Lace v Chantler

Question 9

Case where there was no term certain, but payment of rent converted it into a periodic tenancy

Answer 9

Prudential Assurance v London Residuary Body “until such time as the land is needed for road widening”

Question 10

Is rent a requirement of a lease?

Answer 10

NO! LPA 1925 definition

Question 11

Case where no rent was paid

Answer 11

Ashburn Anstaldt

Question 12

Formalities for a legal lease

Answer 12

Deed (S52 LPA 1925) and Registration if over 7 years (S27(2)(b) LRA 2002)

Question 13

Formalities for an equitable lease

Answer 13

Writing S52 LPA 1925

Question 14

Authority that a licencee has no legal power to create a tenancy

Answer 14

Camden LBC v Shortlife

Question 15

Case where an estoppel lease was created

Answer 15

London Quadrant

Question 16

When is a lease an overriding interest

Answer 16

Legal leases less than 7 years - Sch 3 LRA 2002. Unregistered equitable leases protected by actual occupation Sch 3 (2) LRA 2002

Question 17

5 points to address when deciding whether a lease overrides

Answer 17

1. Must be a lease not a licence 2. Must relate to the land in question. 3. Must be in actual occupation (natural meaning - Williams & Glynns). 4. Occupation must be discoverable (Kling v Kleston, parked car). 5. must be an interest and occupation AT THE TIME of disposition (Abbey Nat v Cann)