Leases and Licences

Question 1

What are the key elements of a lease?

Answer 1

There must be exclusive possession
The lease must be for a defined period of time
Rent must be charged

Question 2

What does a licensee have?

Answer 2

They may have a licence for a fixed period and pay rent (but do not have exclusive posession)

Question 3

When must a lease/tenancy be created as a deed and be in writing?

Answer 3

When the lease/tenancy is longer than 3 years

Question 4

What must happen to create a deed? (3 factors)

Answer 4

The document must state it is a deed
The signatures of the parties must be witnessed
It must be delivered/executed

Question 5

A lease/tenancy for less than how long can be oral (and not in writing)?

Answer 5

Less than 3 years

Question 6

Where there is more than 1 tenant, who is liable for the rent and the terms of the tenancy?

Answer 6

All of them

Question 7

Common/statute law ensures that what is in place for all tenancies regardless of it being in the written documents?

Answer 7

Implied terms for landlords and tenants

Question 8

What are implied terms for landlords?

Answer 8

Keep the property in repair

Allow the tenant quiet enjoyment

Question 9

What are the implied terms for the tenant(s)?

Answer 9

Pay rent

Use the property in a tenant like manner