Leases v Licences

Question 1

No ____ in land is created.

Answer 1

Interest

Question 2

A licence is a right to do what?

Answer 2

Enter a property

Question 3

A licence is a ______ right which can be terminated by either party.

Answer 3

Personal

Question 4

What are the four requirements for a lease?

Answer 4

1. Exclusive occupation
2. Payment of rent
3. Duration for a specified term.
4. Terms in writing, signed and registered as a deed (if term more than 3 years).

Question 5

A licence can be ______ at any time.

Answer 5

Revoked

Question 6

A lease provides an occupier with an ______ in land.

Answer 6

Estate

Question 7

Can a licence be assigned?

Answer 7

Not usually

Question 8

If exclusive possession is granted over a defined area for over 6 months, it is likely to be a ______.

Answer 8

Lease

Question 9

Which case sets out the distinction between a lease and a licence?

Answer 9

Street v Mountford (1985)

Question 10

What is a form of licence created by written agreement for an unspecified time in which the landlord may evict the tenant at any time. It is usually used for allowing a tenant early entry for fit out works or whilst agreeing a new lease on expiry (where contracted out of 1954 Act)

Answer 10

Tenancy at will

Question 11

What is a temporary right and receives an annual payment such as for an electricity company to install and retain their apparatus?

Answer 11

A wayleave

Question 12

Can a way leave be transferred to another company?

Answer 12

No, it is personal to the company

Question 13

What is a permanent right enjoyed by one party over the land of another, receiving a capital payment?

Answer 13

An easement

Question 14

Is an easement capable of being registered at the Land Registry?

Answer 14

Yes

Question 15

What can be obtained as a result of continued and uninterrupted use being proven over a period of not less than 20 years?

Answer 15

A prescriptive right of way

Question 16

What impact does the use of ‘Without Prejudice’ have during a period of negotiations?

Answer 16

The opposing party cannot rely upon any document or discussions labelled in this way (cannot be used as evidence as privileged).

Question 17

What happens in a rent review where correspondence has been labelled ‘Without Prejudice’?

Answer 17

It cannot be shown to the arbitrator/independent expert to show how negotiations were conducted.

Question 18

What should you state in order to prevent the terms being construed as a contract?

Answer 18

Subject to Contract