Licences And Leases Flashcards
Types of licences
Bare licence - permission to be on land given without any consideration
Licence coupled with a grant - permission is linked to an interest in the land
Contractual licence - permission given for valuable consideration
Difference between a lease and a licence
Licence : personal, not proprietary right, Thomas v Sorrel
Lease : term of years absolute, legal estate
When is a licence revocable?
Winter Gardens Theatre v Millenium Productions : a licence can generally be revoked on giving reasonable notice
Wood v Leadbitter : contractual licences revocation may have an equitable remedy
Types of leases
Fixed term tenancy
Periodic tenancy
Tenancy at will : exclusive possession but not proprietary interest given yet, typically used during periods of transition, Heslop v Burns
Leases for life : these have been changed into leases for 90 years of the death of the tenant
Service occupancy
If the occupation is for the purposes of enabling the employee to better perform his duties, then this is a service occupancy, Norris v Checkfield
Not a proprietary interest, a personal right
1) Formalities
Deed s.52 LPA
Registration s.7 LRA if longer than 7 years
Walsh v Lonsdale : equitable lease can be created if complied with s.2 LPAMP requirements for writing
2) Certainty
Parties
Property
Price
- rent needed? Street v Mountford vs Ashburn Anstalt v Arnold
A term certain
- a fixed start date and a certain duration
- Lace v Chantler : “for the duration of the war” not certain enough
- Berrisford v Mexfield Housing : clause restricting the allowances for either party to determine the periodic tenancy made it uncertain
- Prudential Assurance v London Residuary Body : “until the land is required for the purposes of widening the road” not valid
3) Exclusive possession
Street v Mountford : a clause reserving he right to enter doesn’t necessarily negate exclusive possession
Aslan v murphy : if landlord only has key for emergencies, this is still exclusive possession
