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Property Law > Leases And Tenancies > Flashcards

Leases And Tenancies Flashcards

1
Q

What kind of land transaction is usually but not necessarily for consideration?

A

Lease

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2
Q

What case defined a lease

A

Presidential Assurance co. V. London residuary body

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3
Q

Who pays the ground rent

A

The lessor pays ground rent to the governor

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4
Q

What rent does a lessee pay to a lessor for the occupation of property?

A

Rack rent or economic rent

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5
Q

what section provides for the power to impose ground rent and the obligation of a lessor to pay?

A

Section 5 (1) (c) of the land use act provides for the power to impose ground rent, and section 10 (b) of the land use act hey provides for the implied obligation of a lessor to pay

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6
Q

The rent review clause is stated in the……

A

Redendum

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7
Q

What section provides for the statutory notices for the different kinds of tenancies

A

Section 13 of the Tenancy Law of Lagos State

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8
Q

What section permits the creation of a parole lease

A

Section 3 of the Statute of Frauds Act

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9
Q

What section provides for the inability of an infant to create a lease

A

Section 7 of the Land Use Act

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10
Q

What case provides for where a body who is not a juristic or natural person is not allowed to create a lease

A

Idowu v. Williams

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11
Q

What are the essentials of a valid lease

A
  • Ceratinty of parties
  • Certainty of property
  • Certainty of terms
  • Exclusive possession
  • Proper form
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12
Q

What case provides for certainty of property

A

Yakubu v. Kaduna furniture carpet

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13
Q

What case provides for certainty of term

A

Lace v. Chatler

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14
Q

What case provides for certainty of term where a term may be dependent on the occurrence of a future contingency?

A

Bosah v. Oji

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15
Q

What section of the law provides for a licensee

A

Section 47 of the Tenancy law of Lagos State

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16
Q

What case provides for assignment of lease

A

Nwakpa v. Nwogu

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17
Q

A grant of a right of occupancy constitutes….. between the state and the holder of the right

A

A leasehold

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18
Q

What are the areas not covered by the tenancy law of Lagos state

A
  • Victoria Island
  • Ikoyi
  • Ikeja GRA
  • Apapa
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19
Q

What law applies to the residential areas not covered by the Tenancy Law of Lagos State?

A

Rent Control & Recovery of Residential Premises of 1997

20
Q

What law applies to the business areas not covered by the Tenancy Law of Lagos State?

A

Recovery of Premises Law

21
Q

What case aids the principle that rent could be money or moneys worth

A

Pitcher v Tovey - Bottle of wine

22
Q

What case aids the principle that where the time to pay rent is not stated in a deed it should be paid in arrears

A

GB Olliviant v. Alakija

23
Q

What sections prohibit the charging of premium rent in Lagos

A
  • Section 4 of the tenancy law of Lagos state

-section 4 of the rent control and recovery of residential premises 1997

24
Q

What case provides for rent review clause

A

Unilife Dev. Co. V. Adeshigbin

25
Q

Where is the rent clause usually inserted?

A

The redendum

26
Q

What does it mean for a lease to commence on a date

A

It includes that date eg. 1st of January 2024 will end 31st of December 2024

27
Q

What does it mean for a lease to commence from a date

A

It excludes that date eg. 1st of January 2024 will end 1st of January 2025

28
Q

Covenant to pay rent is drafted in the …..

A

Redendum

29
Q

Where there is no prescribed manner, rent should be paid…..

A

In arrears

30
Q

What case provides for covenant to repair - do not leave it in a lesser condition than how you met it

A

Demure v. Plastic manufacturing

31
Q

Where a lease is for short duration ……. has the obligation to repair where a lease is for a long duration ……. has the obligation to repair

A

Where a lease is for short duration the lessor has the obligation to repair where a lease is for a long duration the lessee has the obligation to repair

32
Q

It is usual for ……. to undertake structural repair.

A

The land lord

33
Q

It is usual for ……. to undertake internal repair.

A

The tenant

34
Q

What section entitles the lessee to claim compensation for improvements made with written consent of the lessor after the lessor determines the lease

A

Section 6(2) of the Lagos Tenancy Law

35
Q

what case contains the remedies for breach of covenant to repair

A

Reynolds construction company v. Rocking properties company

36
Q

Can a tenant withhold rent for lack of repairs

A

No, he has no right to do so

37
Q

what case provides for covenant against assignment

A

Keeves v. Dean

38
Q

Can consent to sublet be withdrawn?

A

No

39
Q

what case provides that consent to sublet cannot be withdrawn

A

Alakija v. John Holt

40
Q

what case provides that the landlord may seek for reentry and forfeiture where there is a breach of covenant against assignment

A

Ojukwu v. Governor of Lagos state

41
Q

What kind of covenat is a proviso for forfeiture and re-entry

A

It is an express covenant, but in Lagos it is implied under Section 17 (b) RTL

42
Q

What are the ways the lessor may enforce a covenant of forfeiture and re-entry

A
  • By peaceful re-entry

-By action to possession

43
Q

Who prepares a lease?

A

The lessor solicitor

44
Q

what section provides that it is the duty of the party that engages the solicitor in respect of tenancy transaction to pay for the service

A

Section 111 of the Tenancy law of Lagos 2011

45
Q

What are the three conditions for an oral lease to be enforceable

A

Exclusive position must be taken by the tenant

Term of years must not exceed three years

The rent must have been paid

46
Q

What are the conditions for the enforceability of a written lease?

A

Exclusive position must be taken by the tenant

Term of years must not exceed three years

The rent must have been paid

It must be in writing

It must be signed

Property Law (11 decks)

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