Leases

Question 1

Lease

Answer 1

a lease is a proprietary interest in land

Question 2

License

Answer 2

a personal permission to use the land

- NOT a proprietary interest

Question 3

Street v Mountford: two requirements essential to a lease

Answer 3

• certainty of term

- exclusive possession

Question 4

Certainty of Term

Answer 4

The beginning and end of the lease are known.
Two types
- Fixed term
- Periodic term

Question 5

Fixed term lease

Answer 5

• the maximum duration fo the lease is known from the outset
• ‘for the duration of the war’ is not certain (Lace v Chantler)
• It must be expressly created (s. 52 LPA)

Question 6

Periodic Term lease

Answer 6

• duration of the lease runs in periods that are automatically renewed.
• rent is calculated on the period.
  e. g. a tenancy paid quarterly but calculated annually is a yearly tenancy (Ladies Hoisery v Parker)
• Notice can only be given at least one full period in advance or 4 weeks for a tenancy period of under a month.

Question 7

Exclusive possession

Answer 7

The tenant has the legal right to exclude anyone from the property, including the landlord.

Question 8

Determining exclusive possession

Answer 8

The court will look at the circumstances
Vesley v Levy
- not a tenant where she lived in a flat with a mental patient as a carer and had exclusive occupation of some of the rooms.

Question 9

Where the employee is required to live in a place to do his job, that does not give him a tenancy, even though rent might be paid

Answer 9

Norris v Checksfield

Question 10

Multiple occupancy

Answer 10

Can still have exclusive possession if they have the right together to exclude all others. 
Four unities must be present
- Possession 
- Interest
- Time
- Title

Question 11

Four unites: Possession

Answer 11

Everyone has an equal right to occupy all of the premises

Question 12

Four unities: Interest

Answer 12

Everyone has the same leasehold interest for the same term

Question 13

Four unities: time

Answer 13

all of the interest - everyone has the same leasehold interest for the same term

Question 14

Four unities: title

Answer 14

all the interest derive from the same document, or from separate identical documents.

Question 15

AG Securities v Vaughan

Answer 15

Was a license because the parties signed different agreements, on different dates, with different rents, independently of each other, and described as licenses
The rooms were occupied on a constantly changing basis as new people moved in and out.

Question 16

Antoniades v Villiers

Answer 16

This was a lease because the agreements were identical and signed on the same day be a man and wife.

Question 17

Rent being paid is not a requirement of a lease, though payment of rent makes it more likely to be a lease

Answer 17

Ashburn Anstalt v Arnold

Question 18

Exception: Facchini v Bryson

Answer 18

Occupier given exclusive posession but not a lease

Question 19

Formalities for the creation of a legal lease for 7 years or more

Answer 19

• Must be created by a valid deed s. 52 LPA 1925
• Must be registered s.27
• even if not registered, it may bind a purchaser as an overriding interest if evident upon a reasonably carful inspection Sch. 3 LRA 2002

Question 20

Formalities for the creation of a leagal lease for 3 to 7 years

Answer 20

• created by a valid deed s. 52 LPA 1925
• No need for registration
• Will bind the purchaser if evident upon a reasonably careful inspection Sch. 3 LRA 2002

Question 21

Formalities for the creation of a legal lease for fewer than 3 years. (including periodic tenancies)

Answer 21

• no need for a deed as long as the following conditions are met: s. 54 LPA 1925
• it is at the best rent (the market rate)
• It takes effect in possession
• No fine (i.e. lump sum) is payable by the tenant to the landlord for the granting of the tenancy.
  No need for registration, it will bind a purchaser as an overriding interest if evident upon a reasonable inspection Sch. 3 LRA

Question 22

Leases for life and for marriage

Answer 22

converted into leases of 90 years. s. 149

Question 23

Implied periodic tenancies

Answer 23

the law will imply a rent for that time; each time that you pay is a new lease
Periodic Assurance v London Residentiary Authority

Question 24

Where an intended lease is given to someone for an uncertain period

Answer 24

it is to be interpreted as a lease for life, with statute turning it into a 90 year lease
Berrisford v Mexfield

Question 25

Equitable Lease

Answer 25

• will arise where the formalities necessary for the creation of a legal lease have not be complied with (Walsh v Lonsdale)
• Should be entered as a notice on the register (s. 32 LRA 2002
• if not entered, they may be an overriding interest sch. 3 LRA 2002