leases (essential requirements) Flashcards
what is a lease?
when one person with an estate in land (landlord) grants temporary right to another person (Tenant) to use and enjoy land exclusively.
what is a sublease/underlease?
if lease is granted out of a superior lease
who is the lessor?
the landlord
who is the lessee?
tenant
what is a licence?
a personal permission (personal right) to be on someone’s land
what is right of security of tenure?
right of occupant to remain after the formal arrangement ends and request a new lease
what are the 2 things that need to exist for a lease (street v mountford)?
- certainty of term; and
- exclusive possession
is rent essential for a lease?
no it is not essential
what is exclusive possession?
right to exclude all others from the property, including the landlord
what is a fixed term for certain term for a lease?
fixed term exists where the maximum duration of the arrangement is known form the outset
what is a periodic term for certain term for a lease?
a lease for one period eg, generally weekly, monthly, quarterly or yearly and it extends itself automatically until either landlord or tenant give notice to quit
can be both implied and expressed
if a tenant agrees to pay £10,000 a year by four quarters - what is their periodic term?
it is a year because the rent is calculated annually
what is the difference between exclusive possession and exclusive occupation?
exclusive possession: ability to exclude others
exclusive occupation: person occupies land by themselves without others
if a landlord provides services to the occupier is this a lease or licence?
this is a licence
are joint tenants seen as separate or a single entity?
singe entity and own/lease whole property as one collective entity
what are the 4 unities that joint tenants must hold?
- unity of possession
- unity of interest
- unity of time
- unity of title
what is unity of possession (1 of the 4 unities for joint tenants)?
must show they all are entitled to occupy the whole premises. no one has exclusive use of any part
what is unity of interest (1 of the 4 unities for joint tenants)?
all occupiers must have leasehold interest for same term under the same conditions and must be jointly liable for the rent
what is unity of time (1 of the 4 unities for joint tenants)?
all occupies interest must start at the same time
what is unity of title (1 of the 4 unities for joint tenants)?
all occupiers’ interests must derive from same doc or from separate but identical docs which are independent
what are the 2 factors that may defeat a lease?
where there is no intention to create legal relations
where there is a service occupancy
when does a service occupancy arise?
in an employer/employee relationship between landowner and occupier. occupier is required to live in premises for the better performance of his duties as an employee - no tenancy even though rent may be paid
better performance = is key
when does a short lease (3 years or less) not need to be created via a deed? (3 conditions)
- lease takes effect immediately (in possession)
- lease is granted at ‘best rent’ (interpreted as meaning ‘market rent’)
- lease is not subject to a fine or premium (no upfront payment for grant of the lease)
when do courts recognise a tenant has an equitable interest in land (equitable lease) on same terms as the defective legal lease?
there is a doc that complies with LP(MP)A 1989, s2 and
the remedy of specific performance is available
