LEASES

Question 1

WHAT ARE THE SECTIONS FOR THE ESSAY

Answer 1

1- WHAT A LEASE IS 
2-WHAT CONSTITUTES A LEASE |(5P'S)
3-REGISTRATION/REQUIREMENTS OF WRITING
4-TENANTS OBLIGATIONS 
5- LANDLORDS OBLIGATIONS 
6 - LEASES V LICENSES 
7- CONLCUSION/ENFORCEMENT

Question 2

what is the legislation which governs leases

Answer 2

the leases act 1449

Question 3

what is the owner of a property called

Answer 3

land lord

Question 4

what is the occupier of a property called

Answer 4

tenant

Question 5

what is a lease defined as

Answer 5

a contract giving one person a right to occupy corporeal heritable property belonging to another, for a limited period in exchange for a payment of rent

Question 6

what are the different categories of leases

Answer 6

commercial, agricultural, and residential

Question 7

what is required to constitute a lease

Answer 7

parties, property, payment, period and possession

Question 8

describe the parties section of what constitutes a lease

Answer 8

there must be two separate parties, the land lord and the tenant however this principle is not always applied to all cases where there is a close connection between the tenant and the land lord (Pinkerton v Pinkerton)

Question 9

describe the properties section of what constitutes a lease

Answer 9

the property is the subject of the lease which must be heritable property, however the requirements are not particularly stringent usually a postal address is enough (brador properties v British telecom)

Question 10

besides property and parties what is also required to constitute a lease

Answer 10

there must be an agreed rent for a fixed period of time. and there must also be possession for any real right to be enforceable

Question 11

did you need to register a lease previously?

Answer 11

historically there was no need to register a lease to create a real right, however since the introduction of the land register in 1979 a lease of more than 20 years must now be registered to create a real right for the tenant

Question 12

did a lease need to be in writing previosuly?

Answer 12

the law has always been that leases of more than one year must be in writing, however following the introduction of the requirements of writing act 1995 the general rule now is that leases do not require to be in writing, however writing is required for the creation, transfer, variation or extinction of land.

Question 13

what are the tenants obligations

Answer 13

> to enter into and remain in possession of the property however it does not have to be continual occupation (Beggs v Kilmarnock and Loudon DC)
to maintain the property
to take reasonable care
pay rent

Question 14

what are the land lords obligations

Answer 14

> to ensure that the property is fit for purpose of let
to give possession to the tenant
not derogate from grant (which is a principle which relates to warrandice Huber V ross)
to make any necessary repairs however this obligation is usually altered.

Question 15

define a license

Answer 15

an agreement for the occupation of land which is not a lease, the difference being that no real right can be acquired it is merely a personal right and will therefore not bind any acquirer to the land. a license will arise where there are one or more requirements of a lease missing

Question 16

what case is used to show the distinction between a license and a lease

Answer 16

Scottish residential estates v Henderson where a contract called itself a license and allowed one of the party members to terminate the contract at any time, it was held that the contract lacked duration therefore it could not be a lease.