Leases Flashcards
Lease
a lease is a proprietary interest in land
License
a personal permission to use the land
- NOT a proprietary interest
Street v Mountford: two requirements essential to a lease
- certainty of term
- exclusive possession
Certainty of Term
The beginning and end of the lease are known.
Two types
- Fixed term
- Periodic term
Fixed term lease
- 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)
Periodic Term lease
- 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.
Exclusive possession
The tenant has the legal right to exclude anyone from the property, including the landlord.
Determining exclusive possession
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.
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
Norris v Checksfield
Multiple occupancy
Can still have exclusive possession if they have the right together to exclude all others. Four unities must be present - Possession - Interest - Time - Title
Four unites: Possession
Everyone has an equal right to occupy all of the premises
Four unities: Interest
Everyone has the same leasehold interest for the same term
Four unities: time
all of the interest - everyone has the same leasehold interest for the same term
Four unities: title
all the interest derive from the same document, or from separate identical documents.
AG Securities v Vaughan
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.
Antoniades v Villiers
This was a lease because the agreements were identical and signed on the same day be a man and wife.
Rent being paid is not a requirement of a lease, though payment of rent makes it more likely to be a lease
Ashburn Anstalt v Arnold
Exception: Facchini v Bryson
Occupier given exclusive posession but not a lease
Formalities for the creation of a legal lease for 7 years or more
- 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
Formalities for the creation of a leagal lease for 3 to 7 years
- 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
Formalities for the creation of a legal lease for fewer than 3 years. (including periodic tenancies)
- 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
Leases for life and for marriage
converted into leases of 90 years. s. 149
Implied periodic tenancies
the law will imply a rent for that time; each time that you pay is a new lease
Periodic Assurance v London Residentiary Authority
Where an intended lease is given to someone for an uncertain period
it is to be interpreted as a lease for life, with statute turning it into a 90 year lease
Berrisford v Mexfield
Equitable Lease
- 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
