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Law First Year > Property Law Second Term - LEASES AND LICENCES > Flashcards

Property Law Second Term - LEASES AND LICENCES Flashcards

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1
Q

Binions v Evans

A

Constructive trust for widow

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2
Q

Why does the decision in Berrisford not overrule Prudential?

A

Uncertain term still void for companies

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3
Q

Walsh v Lonsdale on equitable leases

A

Beats periodic tenancy

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4
Q

AG Securities v Vaughan

A

Together licence

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4
Q

Hammond and Fulham v Monk

A

Only one JT need give notice under a periodic tenancy

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4
Q

Public duty, statutory housing

A

Westminster CC v Basson

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4
Q

Separate duties to pay the rent may create different unity of interest

A

Mikeover v Brady

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5
Q

‘Licence’ allowed landlord to insert others

A

Duke v Wynne

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6
Q

Winter Garden v Millennium Productions

A

Reasonable notice; B is not immediately a trespasser

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7
Q

If one JT stays on and landlord accepts rent, new periodic tenancy

A

Barton v Camden

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8
Q

What case confirmed the validity of periodic tenancies as a certain term?

A

Prudential

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8
Q

Manchester Airport v Hutton

A

Trees; no distinction between occupation and possession, allowing licence to = action against protestors

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9
Q

DNH Food v LB of Tower Hamlets

A

Denning tried to argue if B has a CL against A, he also has a CT straight away, and thus C is bound

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10
Q

What section of the LPA gives that a perpetually renewable lease = 2000 year leasE?

A

Sch.14 s.145 LPA 1922

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12
Q

Antoniades v Villiers

A

Couple; permitting others

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12
Q

What was the breach of contract found in King v David Allan?

A

Disabled himself from giving effect to the licence

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13
Q

Westminster CC v Basson

A

Public duty and statutory housing

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14
Q

Mikeover v Brady

A

Separate duties to pay rent can remove unity of interest

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15
Q

What is needed for a lease that doesn’t satisfy s.54(2)?

A

A deed

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15
Q

Who suggested a ‘tenancy by estoppel’ could have been used in Berrisford?

A

Routley

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16
Q

Barton v Camden

A

New periodic tenancy if JT stays on and L accepts rent

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17
Q

Verrall v Great Yarmouth

A

Court will protect licence against breach by A even if B has not begun to use land

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19
Q

What did the court in Prudential comment about the requirement of a term certain?

A

‘Ancient and technical RoL’

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20
Q

Thompson v Park

A

School

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20
Q

Denning tried to argue CL gives rise to CT always, allowing B to bind successors

A

DNH Food v London Borough of Tower Hamlets

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21
Q

Bruton v London and Quadrant

A

Nemo dat; ‘contract of tenancy’

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21
Q

Couple, exclusive possession despite perhaps not having unity of time (different docs)

A

Antoniades v Villiers

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22
Q

What were the two steps taken in Berrisford?

A

Common law rule that uncertain term = lease for life terminable on uncertain event. Then s.149(6) LPA made it a 90 year lease terminable on death/event

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24
Q

What are the three refinements on Street?

A

Licence if there are 2 or more occupiers without 4 unities, more power for public sector than private and ‘contractual lease’ through Bruton and Kay

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24
Q

Yaxley v Gotts

A

Lease through PE

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25
Q

Who said that requiring a JT for a lease cannot be justified doctrinally?

A

Sparkes

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26
Q

Errington v Errington & Woods

A

Mortgage payments (to uncle, who then died, beginning performance etc)

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27
Q

Need specific performance for s.2 contract for equitable lease

A

Coatsworth v Johnson

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28
Q

What two cases conflict on the nature of a lease/licence and rights of action?

A

Hunter v Canary Wharf; Manchester Airport v Hutton

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29
Q

What section of the LPA gives a definition of rent?

A

S.205(1)(xxvii)

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30
Q

In which case did Denning try to turn a contractual licence into an equitable property right?

A

Errington v Errington & Woods

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31
Q

Fitzrikston LLP v Panayi

A

Reasonable market rent for s.54(2) LPA exception

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32
Q

‘Licence’ said that particular times of day the tenants did not have exclusive possession

A

Aslan v Murphy

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33
Q

Why is a licence not a property right?

A

No covered in s.1 or s.4 LPA

33
Q

King v David Allan

A

Cinema wall

35
Q

When is rent sometimes needed for a lease?

A

Statutory protection

36
Q

Tanner v Tanner

A

Twins; children

36
Q

Why did Denning’s citation of Bannister (brother in law, rent free) and Binions in DNH not work?

A

The CTs in those cases arose later as a result of a later promise by the successor

37
Q

Who said Street can be explained through a doctrinal perspective?

A

if there is no certain term, A’s property right is meaningless

38
Q

When will courts not enforce a contractual licence and A’s duty not to exclude B?

A

When inappropriate (arguing), so damages

40
Q

What section of the LPA notes a lease is a legal estate?

A

S.1

41
Q

Kay v London Borough of Lambeth (Scott)

A

‘Non-estate tenancy’ of Bruton

42
Q

According to Street, what are the essential characteristics of a lease?

A

Exclusive possession of land for a term at a rent

42
Q

What is required for an equitable lease?

A

A contract for the purposes of s.2

44
Q

What three circumstances were given in Facchini v Bryson for when exclusive possession would not equal a lease?

A

No intention to create one, no power to grant a tenancy and agreement to occupy arises from other legal relationship

45
Q

How does one create an equitable lease?

A

Either failed to register or contract without deed

46
Q

Fluctuating utility bills are not sufficiently certain for rent

A

Bostock v Bryant

47
Q

Who gave the essential characteristics of a lease?

A

Lord Templeman in Street v Mountford

49
Q

Duke v Wynne

A

Insert others

50
Q

What is required for registered land with an equitable lease?

A

Notice to protect the lease

52
Q

Who said Street can only be justified (on a term certain) through a utility perspective?

A

Hill

53
Q

Only one JT need give notice to terminate periodic tenancy

A

Hammond & Fulham v Monk

53
Q

Reasonable notice; C is not immediately a trespasser

A

Winter Garden v Millenium Productions

55
Q

Coatsworth v Johnson

A

Need specific performance for equitable lease

57
Q

Hunter v Canary Wharf

A

Tort of nuisance needs property right (i.e. not a licence)

58
Q

Hussein v Mehlman

A

Lease is no different to contract; can accept repudiatory BoC

60
Q

In what case did Denning creatively impose a contractual licence?

A

Tanner v Tanner

61
Q

Berrisford v Mexfield

A

Housing cooperative

62
Q

Prudential Assurance v London Residuary

A

Road widening; void lease

64
Q

If a lease is over 7 years, what else is needed in addition to a deed?

A

Registration under s.27(2) for registered land or s.4(1) for unregistered

65
Q

What were the exceptional circumstances Templeman gave in Street when exclusive possession would not equal a lease?

A

No intention to create legal relations (e.g. family: Jones v Padavatton, Danckwerts LJ) or employment contract

66
Q

Why was it decided there was a CT for widow in Binions v Evans?

A

Purchaser took the land subject to her right; lower price etc, so gained new property right against purchaser

67
Q

Why did the four individuals in AGS v Vaughan not have a lease?

A

No exclusive possession nor joint lease

68
Q

Why did McFarlane, Nield and Hopkins criticise Berrisford?

A

CL rule creates a terminable life estate no longer legal under LPA and simpler just to remove rule

69
Q

What case shows the normal law of frustration applies to leases?

A

National Carriers v Panalpina

70
Q

What is required for unregistered land with an equitable lease?

A

Registration or will not bind

72
Q

What else is needed for equitable lease under s.2 other than Chatsworth v Johnson –> SP?

A

Damages inadequate, clean hands and valuable consideration by person enforcing it

73
Q

Bostock v Bryant

A

Fluctuating utility bill too uncertain for rent

74
Q

What leases automatically override without registration?

A

Under 7 years (Sch.3 Para 1 or Sch.1 Para 1)

75
Q

In what case did the court reject the arguments of Denning in DNH Food and Errington v Woods?

A

Ashburn Anstalt v Arnold

76
Q

Aslan v Murphy

A

Times in which they don’t have EP

77
Q

Ashburn Anstalt v Arnold

A

CoA rejected that CL gives rise to CT, a proprietary right that can bind successors

78
Q

What case shows all four unities are needed for a JT and a lease?

A

AGS v Vaughan; Antoniades v Villiers

79
Q

Provincial bank v Ainsworth

A

Personal right; not equitable interest

80
Q

In what case was it said a licence ‘only makes an action lawful which, without it, had been unlawful’?

A

Thomas v Sorrell, Vaughan CJ

81
Q

Thomas v Sorrell, per Vaughan CJ

A

a licence ‘only makes an action lawful which, without it, had been unlawful’

82
Q

Who said a licence ‘only makes an action lawful which, without it, had been unlawful’ in Thomas v Sorrell?

A

Vaughan CJ

83
Q

What three cases show a reversal of the traditional view of a lease?

A

Liverpool CC v Irwin, Panalpina v National Carriers and Hussein and Mehlman

84
Q

If T1 transfers existing legal lease to B2 and is not registered, what must happen and why?

A

Must use deed as s.54(2) only applies to creating new leases, not to their transfer

85
Q

Long v Tower Hamlets LBC

A

Shows s.54(2) requires individual to be in possession and lease to start immediately

86
Q

What case shows s.54(2) requires individual to be in possession and lease to start immediately

A

Long v Tower Hamlets LBC

87
Q

What four cases show courts exploring whether there was unity of possession through shams and pretences?

A

AGS v Vaughan, Antoniades, Duke v Wynne, Aslan v Murphy

88
Q

What three cases show courts trying to find unities in multiple occupancy?

A

Antoniades, AGS v Vaughan and Mikeover v Brady

89
Q

Who wrote a case note on Mayor of London v Hall/the decision in Manchester Airport v Dutton?

A

Lochery

90
Q

What does Neuberger MR suggest in Mayor of London v Hall

A

Right doesn’t need to be rendered useless by trespass, just if right is an entitlement to occupy/control and IS there a trespasser

91
Q

Why does Lochery criticise Dutton?

A

Conflated right to occupation and right to possession

92
Q

How does Lochery argue that licences are evidently not property rights?

A

Can’t protect them by registration and not overriding interests

93
Q

What two cases failed for lack of a certain term?

A

Prudential and Lace v Chantler

94
Q

Lace v Chantler

A

Duration of WWII

95
Q

Duration of WWII

A

Lace v Chantler

96
Q

What is the fact that labels are not decisive an infringement on?

A

Freedom to contract

97
Q

‘Non estate’/’contract of tenancy’

A

Bruton v London & Quadrant

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