Property Law Second Term - LEASES AND LICENCES Flashcards
1
Q
Binions v Evans
A
Constructive trust for widow
2
Q
Why does the decision in Berrisford not overrule Prudential?
A
Uncertain term still void for companies
3
Q
Walsh v Lonsdale on equitable leases
A
Beats periodic tenancy
4
Q
AG Securities v Vaughan
A
Together licence
4
Q
Hammond and Fulham v Monk
A
Only one JT need give notice under a periodic tenancy
4
Q
Public duty, statutory housing
A
Westminster CC v Basson
4
Q
Separate duties to pay the rent may create different unity of interest
A
Mikeover v Brady
5
Q
‘Licence’ allowed landlord to insert others
A
Duke v Wynne
6
Q
Winter Garden v Millennium Productions
A
Reasonable notice; B is not immediately a trespasser
7
Q
If one JT stays on and landlord accepts rent, new periodic tenancy
A
Barton v Camden
8
Q
What case confirmed the validity of periodic tenancies as a certain term?
A
Prudential
8
Q
Manchester Airport v Hutton
A
Trees; no distinction between occupation and possession, allowing licence to = action against protestors
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
10
Q
What section of the LPA gives that a perpetually renewable lease = 2000 year leasE?
A
Sch.14 s.145 LPA 1922
12
Q
Antoniades v Villiers
A
Couple; permitting others
12
Q
What was the breach of contract found in King v David Allan?
A
Disabled himself from giving effect to the licence
13
Q
Westminster CC v Basson
A
Public duty and statutory housing
14
Q
Mikeover v Brady
A
Separate duties to pay rent can remove unity of interest
15
Q
What is needed for a lease that doesn’t satisfy s.54(2)?
A
A deed
15
Q
Who suggested a ‘tenancy by estoppel’ could have been used in Berrisford?
A
Routley
16
Q
Barton v Camden
A
New periodic tenancy if JT stays on and L accepts rent
17
Q
Verrall v Great Yarmouth
A
Court will protect licence against breach by A even if B has not begun to use land
19
Q
What did the court in Prudential comment about the requirement of a term certain?
A
‘Ancient and technical RoL’
20
Q
Thompson v Park
A
School
20
Denning tried to argue CL gives rise to CT always, allowing B to bind successors
DNH Food v London Borough of Tower Hamlets
21
Bruton v London and Quadrant
Nemo dat; 'contract of tenancy'
21
Couple, exclusive possession despite perhaps not having unity of time (different docs)
Antoniades v Villiers
22
What were the two steps taken in Berrisford?
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
24
What are the three refinements on Street?
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
24
Yaxley v Gotts
Lease through PE
25
Who said that requiring a JT for a lease cannot be justified doctrinally?
Sparkes
26
Errington v Errington & Woods
Mortgage payments (to uncle, who then died, beginning performance etc)
27
Need specific performance for s.2 contract for equitable lease
Coatsworth v Johnson
28
What two cases conflict on the nature of a lease/licence and rights of action?
Hunter v Canary Wharf; Manchester Airport v Hutton
29
What section of the LPA gives a definition of rent?
S.205(1)(xxvii)
30
In which case did Denning try to turn a contractual licence into an equitable property right?
Errington v Errington & Woods
31
Fitzrikston LLP v Panayi
Reasonable market rent for s.54(2) LPA exception
32
'Licence' said that particular times of day the tenants did not have exclusive possession
Aslan v Murphy
33
Why is a licence not a property right?
No covered in s.1 or s.4 LPA
33
King v David Allan
Cinema wall
35
When is rent sometimes needed for a lease?
Statutory protection
36
Tanner v Tanner
Twins; children
36
Why did Denning's citation of Bannister (brother in law, rent free) and Binions in DNH not work?
The CTs in those cases arose later as a result of a later promise by the successor
37
Who said Street can be explained through a doctrinal perspective?
if there is no certain term, A's property right is meaningless
38
When will courts not enforce a contractual licence and A's duty not to exclude B?
When inappropriate (arguing), so damages
40
What section of the LPA notes a lease is a legal estate?
S.1
41
Kay v London Borough of Lambeth (Scott)
'Non-estate tenancy' of Bruton
42
According to Street, what are the essential characteristics of a lease?
Exclusive possession of land for a term at a rent
42
What is required for an equitable lease?
A contract for the purposes of s.2
44
What three circumstances were given in Facchini v Bryson for when exclusive possession would not equal a lease?
No intention to create one, no power to grant a tenancy and agreement to occupy arises from other legal relationship
45
How does one create an equitable lease?
Either failed to register or contract without deed
46
Fluctuating utility bills are not sufficiently certain for rent
Bostock v Bryant
47
Who gave the essential characteristics of a lease?
Lord Templeman in Street v Mountford
49
Duke v Wynne
Insert others
50
What is required for registered land with an equitable lease?
Notice to protect the lease
52
Who said Street can only be justified (on a term certain) through a utility perspective?
Hill
53
Only one JT need give notice to terminate periodic tenancy
Hammond & Fulham v Monk
53
Reasonable notice; C is not immediately a trespasser
Winter Garden v Millenium Productions
55
Coatsworth v Johnson
Need specific performance for equitable lease
57
Hunter v Canary Wharf
Tort of nuisance needs property right (i.e. not a licence)
58
Hussein v Mehlman
Lease is no different to contract; can accept repudiatory BoC
60
In what case did Denning creatively impose a contractual licence?
Tanner v Tanner
61
Berrisford v Mexfield
Housing cooperative
62
Prudential Assurance v London Residuary
Road widening; void lease
64
If a lease is over 7 years, what else is needed in addition to a deed?
Registration under s.27(2) for registered land or s.4(1) for unregistered
65
What were the exceptional circumstances Templeman gave in Street when exclusive possession would not equal a lease?
No intention to create legal relations (e.g. family: Jones v Padavatton, Danckwerts LJ) or employment contract
66
Why was it decided there was a CT for widow in Binions v Evans?
Purchaser took the land subject to her right; lower price etc, so gained new property right against purchaser
67
Why did the four individuals in AGS v Vaughan not have a lease?
No exclusive possession nor joint lease
68
Why did McFarlane, Nield and Hopkins criticise Berrisford?
CL rule creates a terminable life estate no longer legal under LPA and simpler just to remove rule
69
What case shows the normal law of frustration applies to leases?
National Carriers v Panalpina
70
What is required for unregistered land with an equitable lease?
Registration or will not bind
72
What else is needed for equitable lease under s.2 other than Chatsworth v Johnson --\> SP?
Damages inadequate, clean hands and valuable consideration by person enforcing it
73
Bostock v Bryant
Fluctuating utility bill too uncertain for rent
74
What leases automatically override without registration?
Under 7 years (Sch.3 Para 1 or Sch.1 Para 1)
75
In what case did the court reject the arguments of Denning in DNH Food and Errington v Woods?
Ashburn Anstalt v Arnold
76
Aslan v Murphy
Times in which they don't have EP
77
Ashburn Anstalt v Arnold
CoA rejected that CL gives rise to CT, a proprietary right that can bind successors
78
What case shows all four unities are needed for a JT and a lease?
AGS v Vaughan; Antoniades v Villiers
79
Provincial bank v Ainsworth
Personal right; not equitable interest
80
In what case was it said a licence 'only makes an action lawful which, without it, had been unlawful'?
Thomas v Sorrell, Vaughan CJ
81
Thomas v Sorrell, per Vaughan CJ
a licence 'only makes an action lawful which, without it, had been unlawful'
82
Who said a licence 'only makes an action lawful which, without it, had been unlawful' in Thomas v Sorrell?
Vaughan CJ
83
What three cases show a reversal of the traditional view of a lease?
Liverpool CC v Irwin, Panalpina v National Carriers and Hussein and Mehlman
84
If T1 transfers existing legal lease to B2 and is not registered, what must happen and why?
Must use deed as s.54(2) only applies to creating new leases, not to their transfer
85
Long v Tower Hamlets LBC
Shows s.54(2) requires individual to be in possession and lease to start immediately
86
What case shows s.54(2) requires individual to be in possession and lease to start immediately
Long v Tower Hamlets LBC
87
What four cases show courts exploring whether there was unity of possession through shams and pretences?
AGS v Vaughan, Antoniades, Duke v Wynne, Aslan v Murphy
88
What three cases show courts trying to find unities in multiple occupancy?
Antoniades, AGS v Vaughan and Mikeover v Brady
89
Who wrote a case note on Mayor of London v Hall/the decision in Manchester Airport v Dutton?
Lochery
90
What does Neuberger MR suggest in Mayor of London v Hall
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
Why does Lochery criticise Dutton?
Conflated right to occupation and right to possession
92
How does Lochery argue that licences are evidently not property rights?
Can't protect them by registration and not overriding interests
93
What two cases failed for lack of a certain term?
Prudential and Lace v Chantler
94
Lace v Chantler
Duration of WWII
95
Duration of WWII
Lace v Chantler
96
What is the fact that labels are not decisive an infringement on?
Freedom to contract
97
'Non estate'/'contract of tenancy'
Bruton v London & Quadrant
