Leases

Question 1

Somma v Hazelhurst

Answer 1

The lease of a bedroom flat to a couple was twisted into two seperate licences entered into prima facie by two strangers wo would accept any nomination of replacement “licensee” by the “licensor”.

Question 2

Street v Mountford [1985] AC 809

Answer 2

The House of Lords unequivocally decided that if an agreement satisfied all the elements of a lease as the law understood, it would be a lease regardless of the term used by the understanding of the parties. The two essential requirements from Street are exclusive possession and a determinable period.

Question 3

Exclusive possession

Answer 3

Is the occupation and complete control of land. This is against the third parties trespassers, and other persons who may interfere with the land, more importantly this is against the landlord.

Question 4

S.52 LPA 1925

Answer 4

All interests in land must be created by deed.

Question 5

LP(MP)A 1989 s.2

Answer 5

A contract regarding an interest of land an only be effective it is on a single document incorporating all the terms of the agreement and signed by both parties. A contract for lease if enforceable (subject to specific performance) is an equitable lease.

Question 6

Ashburn Astalt [1989] Ch 1

Answer 6

In Ashburn a periodi tenancy was was allowed by the Court of Appeal which can only be terminated by the landlord if a prescried condition is satisfied. This was overruled by the House of Lord in Prudential.

Question 7

S.54 LPA 1925

Answer 7

A lease not exceeding three years taking effect in possession immediately, at the best rent reasonably obtainable without a fine, does not have to be in writing

Question 8

Arnold v BriTton [201] UKSC 36

Answer 8

A rent can be extremely helpful for a number of reasons. It helps to establish the intention of parties to be bound by contractual relationship. It provides certaintyy of term if it is otherwise lacking . It enables the possibility of a lease by parol if other conditions are satisfiied,
Given its contractula nature, tenant need to be very careful as to what they agree to pa for the. Duration of the lease, especialy in lonf leaes where there are clauses for automatic increase of rent after a number of years

Question 9

Baxer v. Camden LC (No.2) [2001] 1AC1

Answer 9

Acts such as cuting off electricity and waer supply to the property, or setting up scaffolding in front of a shop being leased, will amount to breach of the covenant.

Question 10

Landlord and Tenant Act 1985 s.11

Answer 10

Landlords have dut to repair these categories in terms of parts of a dwelling hhouse i.e residential property, if it is a lease for seven years or less. These include the structure and exterior, installation for the suupply of water, gas and electricity and sanitation. Note installation for space heating and heating water.

Question 11

Prudential Assurances

Answer 11

A periodic tenancy is automatically renewed for the same perios on expiry if no acion is taken by parties. In order to terminate a periodic tenancy, notice must be served by either partty on the other Fpr some residential leases such as assured tenancy or public sector tenancy, statutes may pprohibi the serving of notice by landlord unless some conditions are satisfied. This is due to social policies and is to be distinguished from the conditions imposed privately.

Question 12

S.146 LPA 1925

Answer 12

The landlord must serve notice 1) soecify the breach 2) requesing the tenant to remedy the breach within a given reasonable period of time 3) requeting compennsation for any loss caused by the breach. If the notice is not served, or it is defecive in some way, forfeiture ill be denied.

Question 13

Rugby School v Tamnahill [1935] 1 KB 87

Answer 13

The propert leased was used for habitual prositution against te standard covenant of not using it for illegal or imooral purposes. This was held to be ncapable of remedy within a reasonable period of time due to the siga or harm caused

Question 14

Expert Clothing v. Hillgate [1986] Ch 340

Answer 14

It was said that the beach of a positive covenant of buuilding or repair can always be remedied by the tenant fulfilling the obligation

Question 15

Van Haatlam v Kasner (1992) 64 P&CR 214

Answer 15

A waiver is the explicit or more likely implied intention of the andlord to treat the contract of the lease as ongoingg despite a known beach. A demand for rent, whether the rent is actually paid or accepted and whether ot not it is demanded withour prejudice, is likely to be a waiver, even if the demand is made by the mistake of agent. Furthermore, if the landlord ha reasonabble ground to suspect the breach of a covenant, carying on receiving rent without ding anything until the breach until the breach is confirmed such as through. Conviction may be a waiver.

Question 16

Bruton v Quadrant Housing Trust [2000] 1AC 206

Answer 16

Where it was held that a licensee can effective enter into a lease, This lease will not be binding on the owner as it is not proprietry.

Question 17

Islington LB v Green [2005] EWCA Civ 56

Answer 17

If the liciensee and “landlord” hen acquires the property title to the land, they may not be able to deny the personal tenant, hence creating a lease by estoppel.

Question 18

Yaxley v Gotts [2000] 1 AER 711

Answer 18

The parties had an oral agreement for the transfer of a flat. Because of estoppel, a 99-year lease was imposed y court as a remedy.

Question 19

Ungurian v Lesnoff [1990] Ch 206

Answer 19

Courts have started to see these as full proprietary interest such as the equivalent of tha of a life tennant in settled land.

Question 20

S.116 LRA 2002

Answer 20

The proprietary status of equity by estoppel is almos cofirmed in registered land.