Leases

Question 1

The case concerning exclusive possession

Answer 1

Street v Mountford (1985)

Question 2

The three requirements for a lease

Answer 2

Exclusive possession
Certainty of duration
Rent

Question 3

Parties must know at the outset the dates of lease - case

Answer 3

Lace v Chantler (1944)

Question 4

Leases for uncertain terms are converted into 90 year leased by operation of law

Answer 4

S.149(6) LPA 1925

Question 5

Rent is not necessary for a lease - case

Answer 5

Ashburn Anstalt v Arnold (1989)

Question 6

Formalities for the creation of a legal lease - fixed term

Answer 6

s.1(1)(b) LPA 1925
S.52 LPA 1925
S.1 lp(mp)a 1989

Question 7

Formalities for a legal periodic lease

Answer 7

S.54(2) LPA - in possession
For less than or equal to 3 years
At the best rent
Without a fine

Question 8

Formalities for an equitable lease

Answer 8

S.1(3) LPA

S.2 lp(mp) a 1989

Question 9

An unregistered legal lease is binding on?

Answer 9

The world

Question 10

An equitable lease to be binding must be?

Answer 10

Registered as a C(iv) land charge - s.2 lac
Against owner’s name s.3
By date of completion of sale s.4