Leases Flashcards
Where is the definition of leases
S205 LPA 1925 “term of years absolute”
Essence of a lease - 4 qualities
Exclusive possession, fixed start date, certainty of duration, parties identified
What’s the Street v Mountford formula
For a term, at a rent, with exclusive possession
What case shows that exclusive possession ios a prerequisite for a lease
Antoniades v Villiers (sham clause saying landlord could stay any time)
Case that shows landlord’s retention of keys doesn’t undo exclusive possession
Aslan v Murphy
Case where 4 tenants under seperate instruments did not have exclusive possession
AG Securities v Vaughan - they each had a licence
Case where there was a service occupancy, so no lease
Norris v Chepsfield - mechanic - not just a fringe benefit
Case where there was no certainty of duration
“duration of the war” Lace v Chantler
Case where there was no term certain, but payment of rent converted it into a periodic tenancy
Prudential Assurance v London Residuary Body “until such time as the land is needed for road widening”
Is rent a requirement of a lease?
NO! LPA 1925 definition
Case where no rent was paid
Ashburn Anstaldt
Formalities for a legal lease
Deed (S52 LPA 1925) and Registration if over 7 years (S27(2)(b) LRA 2002)
Formalities for an equitable lease
Writing S52 LPA 1925
Authority that a licencee has no legal power to create a tenancy
Camden LBC v Shortlife
Case where an estoppel lease was created
London Quadrant
When is a lease an overriding interest
Legal leases less than 7 years - Sch 3 LRA 2002. Unregistered equitable leases protected by actual occupation Sch 3 (2) LRA 2002
5 points to address when deciding whether a lease overrides
- 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)
