Leases Flashcards
What is the definition of a lease and where is the authority for this?
S.205 LPA 1925 - term of years
What is the authority for the fact that a lease is a legal estate in land (meaning it is a proprietary right)?
S.1(1) LPA 1925
What are the Street v Mountford [1985] requirements of a lease?
- Certainty of term
- Exclusive possession
- Grant must have the correct formalities (by deed to be legal)
What is the duration requirement for a lease for a fixed term?
There must be a maximum certain duration stated when the lease is agreed.
In which case did the court hold that a lease for “the duration of the war” was invalid as it was not sufficiently certain?
Lace v Chantler [1944]
In which case was a lease void for uncertainty of term as the lease termination was dependent on a contingent event (developing the road)?
Prudential Assurance v London Residuary Body [1992]
Can a periodic tenancy meet the Street v Mountford [1985] requirement of certainty of term?
Yes - the lease continues indefinitely until terminated by one side giving the appropriate notice period.
In which case did the court confirm that it looks at the substance of agreements and not just the wording when it assesses whether there is a sham transaction?
Street v Mountford [1985]
What happened in Crancour v Da Silvaesa (1986)?
The court rejected the landlord’s right to introduce others to the one bedroom property for a couple, holding it to be a sham licence as it was actually a lease.
In which case did the court hold that a homeless men’s shelter granted occupiers a licence only?
Westminster CC v Jones [1992]
What was included in the factual matrix that the court considered in Street v Mountford [1985] when assessing exclusive possession?
- the relationship between the parties renting
- the nature and extent of the property
- the intended and actual use of the property
- degree of real control retained by the landlord
- ability to exclude all others including the landlord from the property
The subjective intentions of the parties are broadly irrelevant
In which case did Lord Templeman hold that an occupier would have a licence if the landlord provides attendance or services which require him or his servants to exercise unrestricted access?
Street v Mountford [1985]
What do you need to have in shared accommodation to establish that there is a lease in addition to the Street v Mountford requirements?
The four unities:
(1) Unity of possession
(2) Unity of interest
(3) Unity of title - sign same document
(4) Unity of time
What were the facts and the ruling in Street v Mountford [1985] concerning shared accommodation?
One bed property rented to couple. Issued two separate agreements called licences. HoL held that this was a sham and that actually had a joint tenancy lease.
Which case established that the mere fact that the landlord retains keys does not negate the existence of a lease?
Aslan v Murphy [1989]
What were the facts and ruling in AG Securities Ltd v Vaughan [1990]?
4 bedroom flat, given individual agreements and rent paid by each occupier was different. HoL held that they all possessed licences as absence of four unities.
What were the facts and ruling in Antoniades v Villiers [1990]?
One bedroom with two separate agreements reserving the possibility of introducing a third person. HoL held that actually leased as joint tenants. It would have been unrealistic to introduce a third person as there was a quasi-marital relationship. The 4 unities were present and it was clear that the two agreements were interdependent - one would not have signed without the other.
What is the authority for the fact that an interest in a legal estate must be conveyed by deed - meaning that a lease must be made by deed to be legal?
s.52(1) LPA 1925
What is the exception for the need for a deed to have a legal lease and what is the authority for this?
S.54(2) LPA 1925:
(A) lease not exceeding 3 years
(B) lease is at best rent reasonably obtainable
(C) No premium is charged for the grant of lease
(D) lease takes effect in possession immediately
What is authority for the fact that if possession of a lease is not granted immediately but at some future date a deed will always be necessary?
Long v Tower Hamlets LBC [1998]
What is the authority for the fact that if you have an equitable lease but take possession after three months it can be an overriding interest?
Sch 3 para 2(d) LRA 2002
How do you get a legal lease by operation of law?
Periodic tenancy
Which case is often used to suggest that an agreement for a lease is as good as a lease?
Walsh v Lonsdale (1882)
What are the differences between legal and equitable leases?
(1) You have to be able to obtain specific performance to be able to treat an agreement or informal grant as an equitable lease
(2) Where the reversion is unregistered title the equitable lease is registerable as a land charge (Class C IV s.2(4) LCA 1972)
(3) Where the reversion is registered title the equitable lease cannot be an overriding interest within Sch 3 para 1 LRA 2002. But could in appropriate circumstances (actual occupation) fall under sch 3 para 2.
Which case held that even if the tenant of an equitable lease was in possession and paid rent the equitable lease would still be void for non-registration against a purchaser for value in relation to unregistered reversion of title?
Lloyds Bank Plc v Carrick [1996]
Which case is authority for the fact that a lease for less than 7 years may override a registered disposition?
City Permanent BS v Miller [1952]
What are the three reasons why it is important to distinguish between a lease and a licence?
(1) Leases are property rights - licences are merely personal rights
(2) Leases will bind third party purchasers of the freehold estate whereas licences do not bind a purchaser
(3) Leases are protected by statute but there is no such equivalent protection for licences
In which case did the court controversially hold that where an agreement for a one bed flat for a cohabiting couple where they were given separate agreements and the landlord retained control of who occupied the property did not amount to a joint tenancy and could not be a lease?
Soma v Hazlehurst [1978]
