Leases

Question 0

Ashburn v Arnold

Answer 0

A rent is not essential for a tenancy

Question 1

Street v Mountford

Answer 1

Tenancy is the grant of exclusive possession for a term at a rent

Question 2

AG Securities v Vaughan

Answer 2

Agreement held to be a licence. Occupants occupied the rooms on a rolling basis and did not enjoy exclusive possession of the flat under the terms of their agreements

Question 3

Antoniades v Villiers

Answer 3

Agreement held to be a lease. The court must consider all surrounding circumstances. Clause to allow the owner to share occupation was held to be a sham

Question 4

Walsh v Lonsdale

Answer 4

A contract for a lease is as good as a lease (beware of limits).

Question 5

Kenny v Preen

Answer 5

quiet enjoyment is a qualified covenant protecting the tenant’s quiet and peaceful possession and enjoyment of the premises by the landlord

Question 6

Southwark v Mills

Answer 6

Regular excessive noise can constitute a substantial interference with the ordinary enjoyment of the premises.
The landlord gives no implied warranty as to the condition or fitness of the premises

Question 7

P&A Swift Investments

Answer 7

A covenant touches and concerns the land if (a) separated from the reversion it ceases to be of benefit to the covenantee (b) affects the nature, quality, mode of user or value of the land (c) is not expressed to be personal.

Question 8

Taylor v Beal

Answer 8

Self help by means of set-off if (a) landlord is in breach and (b) any necessary notice has been given

Question 9

Duppa v Mayo

Answer 9

If the landlord seeks to end the lease, the tenant may seek relief from forfeiture. As long as the tenant acts reasonably swiftly and pays the arrears of rent, relief will usually be granted

Question 10

Moule v Garrett

Answer 10

Where one person is compelled to pay damages by the legal default of another, he is entitled to recover from the person by whose default the damage was occasioned the sum so paid