Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Land > Leases > Flashcards

Leases Flashcards

1
Q

What is a lease?

A

A term of years absolute/ or a legal lease is a legal estate for a fixed period of time.

s205(1) LPA 1925 - any period of time can constitute a lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Essential characteristics of a lease?

A

Street v Mountford:

  1. ) Exclusive possession
  2. ) For a determinate period
  3. ) For rent or other consideration
  4. ) For a term less than the grantor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a license?

A
  • Merely a personal right to occupy a piece of land

- Not a right in rem and terminated very easily

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

1.) Exclusive possession

A
  • ## The right to use land to the exclusion of all others including the landlord although may reserve the right to enter on certain occasions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

2.) Determinate period

A
  • Must be a certain beginning and a certain end

- Land may be held on a periodic tenancy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Lace v Chantler

A

Lease was for the duration of the war, so, therefore, had no definitive endpoint and was not for a determinate period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

3.) Payment of a rent

A

Street v Mountford:
“exclusive possession for a term at a rent”
HOWEVER
Ashburn Anstalt v Arnold:
“…rent is not necessary for the creation of a tenancy. That conclusion involves no departure from Lord Templeman’s proposition…” - rent can be indicative but not required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

4.) Term less than that of the grantor

A

Cannot be greater than the time the grantor is holding it for.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Types of leases and tenancies:

A
  1. ) Fixed term leases:
    - Fixed period of time and created expressly
  2. ) Periodic tenancies:
    - Arise expressly or by operation of law
    - Capable of lasting indefinitely (until terminated by notice)
  3. ) Tenancies at will
    - Cannot be a legal estate and may be ended without notice
  4. ) Tenancies at sufferance
    - Arise only by operation of law
  5. ) Tenancies by estoppel
  6. ) Perpetually renewable leases
    - Allows tenant to renew on expiry
    - Provided intention is to create a perpetually renewable lease
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Creation of a legal lease more than 7 years in duration:

A

-Grant by deed then registration of leasehold title

-s52(1) LPA 1925: by deed
s27(2) LRA 2002: disposition completed by registration
s4(1)(c)(i) LRA 2002: more than seven years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Creation of a legal lease more than 3 years in duration:

A

-Grant by deed

s52(1) LPA 1925: void unless made by deed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Creation of a legal lease less than 3 years in duration:

A

-Orally or in written

s54(2) LPA: must take effect in possession, at best rent reasonably obtainable and no premium is charged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When does an equitable lease arise?

A
  1. ) Defective grant or transfer
  2. ) Failure to apply for registration
  3. ) Grant of lease by holder of equitable estate
  4. ) Contract to create or transfer a lease -
    - Walsh v Lonsdale
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Assignment of leases and tenancies

A
  • Legal assignment of a lease must be by deed
  • ALWAYS even if less than three years
  • defective assignment may take effect in equity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Walsh v Lonsdale

A

Facts: - 7 year lease over a mill, with a clause allowing rent to be paid upfront

  • Lease not granted by deed
  • L demanded a years rent, which was not paid so they seized the property

L.P: Doctrine created: Equity will regard as done that which ought to be done

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Street v Mountford

A

Facts: - D granted C right to occupy rooms but expressed it was only a license

Judgment: Court held it was a lease

L.P: -Lord Templeman: “The grant of land for a term at a rent with exclusive possession”
“If the agreement satisfied all the requirements of a tenancy then the agreement produced a tenancy”
-Quote about fork and not meaning to make one

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A.G Securities v Vaughan

A

Facts: - D had a long lease over a building and granted different licenses to different individuals under independent agreements
-Licensees tried to claim collective lease therefore being protected by statute

Judgment: could not claim

L.P: A shifting population could not be joint tenants or a lease and therefore aren’t entitled to protection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Antoniades v Villers

A

Facts: -Unmarried couple made to sign seperate agreements described as licenses and a clause stating the owner reserved the right to occupy the flat

Judgment: Considered to be tenants absolute in joint possession

L.P: -Cannot contract out of the Rents Act else it would be pointless

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a covenant?

A
  • A term of the contract concerning the rights and obligations of the parties to the contract
  • relate to the use and enjoyment of the land
  • may be express or implied
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Express covenants of the tenant:

A

1.) To pay rent
2.) To insure
3.) To use the premises only for the stated purposes
4.) To repair
5.) Not to be a nuisance or annoyance to neighbours
6.) Not to assign or sublet:
-Absolute or qualified
Absolute: Landlord can be as unreasonable as they want
Qualified: Cant be unreasonably withheld

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Implied covenants of the tenant:

A

If lease is silent, obligations on the tenant may be implied

  1. ) To pay rent
  2. ) To pay rates and taxes
  3. ) Not to commit waste (voluntary or permissive)
  4. ) To use the property in a tenant like manner
  5. ) To allow the landlord to enter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Express covenants:

A
  1. ) To allow quiet enjoyment:
    - doesn’t necessarily mean noise
    - only covers substantial interference - Southwark LBC v Mills
    - applies to acts done by landlords - Kenny v Preen: and acts done by people deriving title from the landlord
  2. ) To grant an option to renew to the tenant
  3. ) To sell the reversion (option to purchase)
  4. ) Not derogate from the grant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Implied covenants of the landlord

A
  1. ) Quiet enjoyment
  2. ) Not to derogate from the grant
  3. ) To repair/ ensure fir for human habitation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Liverpool v Irwin

A

Landlord may have a duty to maintain the common parts of the premises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

s8 Landlord and Tenant Act

A

-To keep premises fit for human habitation where house is let at a low rent

26
Q

Remedies for breach of repair covenant by landlord

A
  • Damages
  • Order for specific performance
  • Common law right to recoup reasonable costs from future rent
27
Q

Liability of original tenant and landlord before 1/1/96

A

Both governed by privity of contract so remain liable to each other

28
Q

Liability of Original Tenant before 1/1/96

A 
Privity of contract still applies except in:
-Excluded in lease
-Perpetually renewable leases
-For increased rent
-On re-grant
Indemnity can be express/implied
29
Q

Liability of Original Landlord before 1/1/96

A

Privity of contact still applies except if:

-Excluded in the lease

30
Q

Swift Investments v Combined English Stores

A

Touching and concerning the land:

  1. ) Does covenant benefit any owner of estate? (not just original tenant)
  2. ) Does it affect the nature, quality mode of user or value of land?
  3. ) Is the covenant expressed to be personal?
31
Q

Position of assignee before 1/1/96 - Legal

A

Does benefit and burden pass?

  1. ) Privity of estate
  2. ) Must touch and concern the land
32
Q

Position of assignee before 1/1/96 -Equitable

A

Does benefit and burden pass?
No privity of estate
Can pass benefit but not burden

33
Q

Position of new landlord before 1/1/96

A

s141 LPA - Passes benefit (right to sue)

s142 LPA - Passes burden (obligations to perform)

34
Q

Position of subtenant before 1/1/96

A
  • No privity of estate

- No privity of contract

35
Q

What governs most of the positions now?

A

Landlord and Tenant (covenants) Act 1995

36
Q

Liability of original tenant after1/1/96

A

s5

  • Released
  • Can be asked to guarantee the nest one by authorised Guarantee Agreement
37
Q

Liability of original landlord after1/1/96

A

s6,7 and 8

  • Remains but only to current tenant
  • Can ask for release
38
Q

Position of assignee after1/1/96

A

s3(2)

-Benefits and burdens pass to the assignee

39
Q

Position of New Landlord after1/1/96

A

s3(3)

- Benefits and burdens pass to new landlord

40
Q

Position of sub-tenant after1/1/96

A

s3(5)

-Landlord can enforce a restrictive covenant against the sub-tenant

41
Q

If tenant has breached by non-payment of rent?

A

If property is residential: No right to forfeit - Protection from Eviction Act 1977

If not: does the lease dispense with the demand?
or does s210 Common Law Procedure Act apply?

42
Q

s210 Common Law Procedure Act

A
  • Rent is at least 6 months in arrears

- Insufficient goods to levy distress

43
Q

If s210 Common Law Procedure Act does apply or the lease dispenses with the demand?

A

If yes: Peaceable re-entry or application to court for possession order + LEASE ENDS
If no: Serve formal demand per Duppa v Mayo then do above

44
Q

If tenant has breached other covenant?

A

Serve 146 notice:

  • Specify the breach
  • Require remedy
  • Require compensation
45
Q

Did the tenant remedy the breach?

A

No: Peaceable re-entry or application to court for possession + LEASE ENDS

Yes: Lease continues

46
Q

Hammersmith LBC v Monk

A

A periodic tenancy will continue until either party serves notice to quit

47
Q

Hoffman v Fineberg

A

“No breach can ever be remedied because there will never be a point in time where the covenant wasn’t breached” - 146 notice now contravenes this

48
Q

Perera v Vandiya

A

Authority for allowing quiet enjoyment

49
Q

Moule v Garrett

A

Authority for claiming against the most recent assignee

50
Q

Spencers case

A

Rule for touching and concerning the land originated in this case but then built on by Swift Investments

51
Q

Argyll stores

A

Keep open covenants are NOT allowed -> cannot force a business to remain open

52
Q

Hill v Barclay

A

Old general rule that no specific order for repair but has since been overruled

53
Q

Fuller v Happy Shopper Markets

A

Warned landlords about levying distress as it interferes with art 8 of human rights

54
Q

Matthews v Smallwood

A

Landlord must know that a breach has occurred in order to waive it

55
Q

Thomas v Ken Thomas

A

Landlord can reject the payment if it’s just been paid into their bank account

56
Q

Duncliffe v Caefelin

A

Right to take action passes to the new landlord with assignment of reversion

57
Q

Smallwood v Shepards

A

Authority that a legal lease does not have to be for at least a year:
Legal lease can be for three consecutive bank holidays

58
Q

Seagull v Thosby

A

Where a landlord accepts rent, knowing a breach has occurred he forfeits his right to a remedy

59
Q

Remedy of distress:

A

Abolished by The Tribunals, Courts and Enforcement Act 2007

60
Q

Expert Clothing Service v Hillgate House

A

Important question of whether the harm to the landlord could be remedied

61
Q

Billson

A

Can apply for relief at any point, even after re-entry

62
Q

Aslan v Murphy

A

Landlord can keep a key for emergencies/ repairs and not negate exclusive possession

Land (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions