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Property Law > Leases And Tenancies > Flashcards

Leases And Tenancies Flashcards

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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
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

Property Law (8 decks)

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