Leases

Question 1

Definition of a lease is supported by which case?

Answer 1

Lace v Chantler [1944]

Question 2

What are the essential characteristics of a lease?

Answer 2

a. exclusive possession of the property
b. that it is for a term
c. that you are paying rent

Question 3

What case lays out the essential characteristics of a lease?

Answer 3

Street v Mountford [1985]

Question 4

What are some of the tenants implied covenants?

Answer 4

a. To pay rent
b. To pay tenant’s rate and taxes
c. To allow the landlord to enter and view (Implied when landlord is impliedly or expressly under an obligation to repair)

Question 5

The Landlord and Tenants (Covenants) Act 1995 (LTCA 1995) applies to which leases?

Answer 5

Leases created on or after 1 January 1996

Question 6

A lease of three years or less and taken in possession can be legal when created without the use of a deed according to which statute?

Answer 6

S.54(2) LPA 1925

Question 7

An assignment is when?

Answer 7

The entire remaining time of a already granted lease is sold on.

Question 8

A sublet is when?

Answer 8

When a new lease is created out of an already granted lease. Eg, granting a 2 year lease for a property which has 8 years remaining on the lease.

Question 9

What is privity of contract?

Answer 9

Legal relationship between parties of a contract.

Question 10

What is privity of estate?

Answer 10

Legal relationship between landlord and tenant, regardless of number of times lease and reversion have changed hands.