leases Flashcards

Question

what is a Tenancy at will?

Answer 1

personal rels bte parties wherby perso allowed to take possesion of prop as tenant but the agreemetn is such that either party can terminante the tenancy at will- should the tenant start paying rent whilst in possesion , a periodic tenancy may be implied, but only where there is sufficeient inteion between parties (dont really examine this)

Answer 2

tenant remains in posseion once his lease has expired with neither the consent nor dissent of the landlord . if and when land consents a new tenancy wil be created hw meantion possion of prop wont amount to a trespass as the intial possesion was lawful

Answer 3

landlord rep he will grant a lease and the tenant has quite reasonably relied upon this rep to his detriment estops each party to the lease from denying its binding nature as between them.

Answer 4

Generally leases in excess of 3 years, to be ‘legal leases’ must be prepared by Deed (S.52 LPA) (formal document signed, witnessed and delivered, S.1 L.P.(MP)A 1989. -deed must comply with s1 Legal Leases must be by Deed, S.52 LPA (S.1 LP(MP)A 1989). S.54(2) LPA 1925.

Answer 5

The lease does not exceed three years (includes periodic tenancies) Is at a market rent (best rent) Without a fine or premium being paid Takes effect in possession

Answer 6

Sometimes it can be difficult to tell the difference between short legal leases (within S.54(2))(particularly say monthly/weekly periodic tenancies) and monthly periodic contractual licences.

Answer 7

Licences are not leases. They are personal/purely contractual rights of occupation. Licences are generally not afforded statutory protection/security of tenure etc where lease agreements are i.e is generally a lot easier to regain possession against a licensee than a tenant/lessee. Leases create property rights- elases combine purchaser s

Answer 8

During the 1970’s and 1980’s landlord’s tried to evade the statutory protection given to residential occupiers by granting them licences as opposed to leases. Eventually the legitimacy of this evasive ‘licence’ device was tested in the House of Lords, in the leading case of : Street v Mountford [1985]

Answer 9

exposing a contractual licence as a sham/pretence designed to circumvent the Rent Acts, stated that where an occupation agreement conferred: 3 essential charactersitcs of a lease to exist - certainty of term - exclusive possesion - rent

Answer 10

- fixed certain max duration- lace v chantler -max known when lease granted - lease could end earlier e.g presence of breack clause - a certain date - where nothign speci-assumed lease commences upon the tenant taking posses- start date can be delayed up to 21 yrs - s149 lpa 1925 Lace v Chantler [1944] KB Prudential Assurance v London Residuary Body [1992] HL 2 AC. Berrisford v Mexfield Housing

Answer 11

cts imply periodic tenancy wehre t has taken possesion and started paying rent by reference to period - prudential case - recently they treat as term for life

Answer 12

exclude all others from prop including landlord- key factor do disting btw lease and licence without it wouldnt be lease

Answer 13

established tyhat rent is not essential to find ing of lease- term is absolute = lease can exist whether or not at a rent

Answer 14

Then, subject to certain exceptions (i.e service occupancy, vendor/purchaser occupation arrangements, lodging arrangements, and where there was no intention to create a landlord and tenant relationship), a lease/tenancy would result.

Answer 15

In cases where a licence or other occupation agreement was under scrutiny, one had to look at the ‘effect of the agreement’, to see whether exclusive possession for a term at a rent had been conferred on the occupier. If so, the occupation agreement or licence was in fact a lease. The ‘label’ of the agreement was irrelevant, it was a test of substance over form

Answer 16

If a lease was found, then the lease would attract statutory protection where applicable, see Street, (above). In short, the judges were fed up with landlords using sham licence devices as a means of denying to tenants the Rent Act/other statutory protection parliament had sought to give them.

Answer 17

``` Esso v Fumegrange (1986) Dellneed v Chin (1986) 53 P & CR 172 National Car Parks Ltd v Trinity Developments [2001] EWCA Civ 1686 ‘Lodgers as licensees’ Marchant v Charters (1977) ```

Answer 18

Aslan v Murphy (1990) Duke v Wynn (1990) Nicolau v Pitt (1989) 21 EG 71 Hajiloucas v Crean [1988] 1 WLR 779 Family Housing Association v Jones [1990] 1 WLR 779 Westminster City Council v Clarke [1992] 2 AC Dresden Estates v Collinson (1987) 2 EGLR

Answer 19

general rule: person granting lease must be capable but can happen where ‘Landlord granting a lease without himself having title’ Bruton v London and Quadrant Housing Trust (1990) 3 WLR 150; - lease was recog as created even though grantor had no proprietat estate out of which to grant lease Kay v Lambeth (2006) CA; Islington LBC v Green (2005) CA

Answer 20

‘Co-owned leases/multiple occupation agreements’- where more than one person occupying prop on basis of lease, occupency must either be on the basis of each having sep licences or having joint tenancy between themselves-both exclusive posses as whole and must share four entites as a whole AG Securities v Vaughan [1990] 1 AC Antoniades v Villiers [1990] 1 AC

Answer 21

``` ‘No intention to create a lease’ Heslop v Burns [1974] 1 WLR Cobb v Lane [1952] 1 All.E.R Marcroft Wagons v Smith [1951] 2 KB Ward v Warnke [1990] 22 HLR 496 ‘Service Occupancy’ Norris v Checksfield [1991] 1 WLR ```

Answer 22

Equitable Leases/Contracts for Leases’: S.2 LP(MP)A 1989 Walsh v Lonsdale (1882) 21 Ch 1. s.53 1c in writing and signed by person making disposal toa ssignor

Answer 23

‘Estate Contract’ protectable by Notice in Registered land or C(iv) Land Charge in Unregistered land.

Answer 24

Further, in Registered land an equitable lease can override, where the tenant is in patent actual occupation, and bind a purchaser of the landlord’s reversion.