Lecture 11 - leases Flashcards
what is a lease
a contract where one party conveys land, property etc to another for a specified time period
whats the significance of street v mountford
it was said by lord templeman that to constitute a tenancy the occupier must be granted exclusive possession for a fixed or periodic term certain in consideration of a premium or periodic payments
what are the 3 essential elements of a lease
the grant of exclusive possession - no lease can exist without this.
for a certain term
at a rent
how can it be found if someone has exclusive possession or not
exclusive possession is the characteristics which gives the tenant the right to exclude others including the landlord from the land
what is meant by for a certain term
a lease must grant exclusive possession over land for a defined limited certain period of time. in the absence of this certainty the lease will fail. marshall v berridge notes that there must be a certain beginning and a certain ending otherwise it is not a perfect lease
what are the 2 aspects of certainty of term
certainty of commencement of the lease and certainty of maximum duration of the lease
what is meant by ‘at a rent’
the requirement of payment of rent. however coa in ashburn confirmed that a valid lease can arise where theres exclusive possession and a certain term of years without a provision for payment of rent. however it is necessary for protection to tenants under rent acts
what are the type of leases
fixed term leases, periodic tenancies, tenancies at will, tenancies at sufferance, tenancies by estoppel and the bruton tenancy
what is a periodic tenancy
a lease that continues from period to period. as each period ends a new period automatically begins. these tenancies are brought to an end by giving notice to quit the tenancy
whats a tenancy at will
where someone occupies land with exclsuive possession and consent of landowner but either party is able to determine the lease at any time
what is tenancies at sufferance
where a tenant remains in possession of land after expiry of a lease without the consent or disapproval of the landlord
what is tenancy by estoppel
where the party to have granted the lease holds neither the legal fee simple or a superior leasehold estate to carve out the lease
how are legal leases created
3 years or less leases - can be created orally, by written contract or by the deed
more than 3 years - must be made by deed under s52(1) of the lpa 1925
registered land leases of over 7 years - the lease must be registered as a title at the land registry
unregistered land leases of over 7 years - the lease must be registered as a title at the land registry
what is the significance of the walsh case and the warmington case
set 2 conditions that must be met for an equitable lease
1. there is a valid contract for the grant of a lease
2. the remedy of specific performance is available
