Property Law Second Term - LEASES AND LICENCES Flashcards
Binions v Evans
Constructive trust for widow
Why does the decision in Berrisford not overrule Prudential?
Uncertain term still void for companies
Walsh v Lonsdale on equitable leases
Beats periodic tenancy
AG Securities v Vaughan
Together licence
Hammond and Fulham v Monk
Only one JT need give notice under a periodic tenancy
Public duty, statutory housing
Westminster CC v Basson
Separate duties to pay the rent may create different unity of interest
Mikeover v Brady
‘Licence’ allowed landlord to insert others
Duke v Wynne
Winter Garden v Millennium Productions
Reasonable notice; B is not immediately a trespasser
If one JT stays on and landlord accepts rent, new periodic tenancy
Barton v Camden
What case confirmed the validity of periodic tenancies as a certain term?
Prudential
Manchester Airport v Hutton
Trees; no distinction between occupation and possession, allowing licence to = action against protestors
DNH Food v LB of Tower Hamlets
Denning tried to argue if B has a CL against A, he also has a CT straight away, and thus C is bound
What section of the LPA gives that a perpetually renewable lease = 2000 year leasE?
Sch.14 s.145 LPA 1922
Antoniades v Villiers
Couple; permitting others
What was the breach of contract found in King v David Allan?
Disabled himself from giving effect to the licence
Westminster CC v Basson
Public duty and statutory housing
Mikeover v Brady
Separate duties to pay rent can remove unity of interest
What is needed for a lease that doesn’t satisfy s.54(2)?
A deed
Who suggested a ‘tenancy by estoppel’ could have been used in Berrisford?
Routley
Barton v Camden
New periodic tenancy if JT stays on and L accepts rent
Verrall v Great Yarmouth
Court will protect licence against breach by A even if B has not begun to use land
What did the court in Prudential comment about the requirement of a term certain?
‘Ancient and technical RoL’
Thompson v Park
School
Denning tried to argue CL gives rise to CT always, allowing B to bind successors
DNH Food v London Borough of Tower Hamlets
Bruton v London and Quadrant
Nemo dat; ‘contract of tenancy’
Couple, exclusive possession despite perhaps not having unity of time (different docs)
Antoniades v Villiers
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
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
Yaxley v Gotts
Lease through PE
Who said that requiring a JT for a lease cannot be justified doctrinally?
Sparkes
Errington v Errington & Woods
Mortgage payments (to uncle, who then died, beginning performance etc)
Need specific performance for s.2 contract for equitable lease
Coatsworth v Johnson
What two cases conflict on the nature of a lease/licence and rights of action?
Hunter v Canary Wharf; Manchester Airport v Hutton
What section of the LPA gives a definition of rent?
S.205(1)(xxvii)
In which case did Denning try to turn a contractual licence into an equitable property right?
Errington v Errington & Woods
Fitzrikston LLP v Panayi
Reasonable market rent for s.54(2) LPA exception
‘Licence’ said that particular times of day the tenants did not have exclusive possession
Aslan v Murphy
Why is a licence not a property right?
No covered in s.1 or s.4 LPA
King v David Allan
Cinema wall
When is rent sometimes needed for a lease?
Statutory protection
Tanner v Tanner
Twins; children
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
Who said Street can be explained through a doctrinal perspective?
if there is no certain term, A’s property right is meaningless
When will courts not enforce a contractual licence and A’s duty not to exclude B?
When inappropriate (arguing), so damages
What section of the LPA notes a lease is a legal estate?
S.1
Kay v London Borough of Lambeth (Scott)
‘Non-estate tenancy’ of Bruton
According to Street, what are the essential characteristics of a lease?
Exclusive possession of land for a term at a rent
What is required for an equitable lease?
A contract for the purposes of s.2
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
How does one create an equitable lease?
Either failed to register or contract without deed
Fluctuating utility bills are not sufficiently certain for rent
Bostock v Bryant
Who gave the essential characteristics of a lease?
Lord Templeman in Street v Mountford
Duke v Wynne
Insert others
What is required for registered land with an equitable lease?
Notice to protect the lease
Who said Street can only be justified (on a term certain) through a utility perspective?
Hill
Only one JT need give notice to terminate periodic tenancy
Hammond & Fulham v Monk
Reasonable notice; C is not immediately a trespasser
Winter Garden v Millenium Productions
Coatsworth v Johnson
Need specific performance for equitable lease
Hunter v Canary Wharf
Tort of nuisance needs property right (i.e. not a licence)
Hussein v Mehlman
Lease is no different to contract; can accept repudiatory BoC
In what case did Denning creatively impose a contractual licence?
Tanner v Tanner
Berrisford v Mexfield
Housing cooperative
Prudential Assurance v London Residuary
Road widening; void lease
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
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
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
Why did the four individuals in AGS v Vaughan not have a lease?
No exclusive possession nor joint lease
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
What case shows the normal law of frustration applies to leases?
National Carriers v Panalpina
What is required for unregistered land with an equitable lease?
Registration or will not bind
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
Bostock v Bryant
Fluctuating utility bill too uncertain for rent
What leases automatically override without registration?
Under 7 years (Sch.3 Para 1 or Sch.1 Para 1)
In what case did the court reject the arguments of Denning in DNH Food and Errington v Woods?
Ashburn Anstalt v Arnold
Aslan v Murphy
Times in which they don’t have EP
Ashburn Anstalt v Arnold
CoA rejected that CL gives rise to CT, a proprietary right that can bind successors
What case shows all four unities are needed for a JT and a lease?
AGS v Vaughan; Antoniades v Villiers
Provincial bank v Ainsworth
Personal right; not equitable interest
In what case was it said a licence ‘only makes an action lawful which, without it, had been unlawful’?
Thomas v Sorrell, Vaughan CJ
Thomas v Sorrell, per Vaughan CJ
a licence ‘only makes an action lawful which, without it, had been unlawful’
Who said a licence ‘only makes an action lawful which, without it, had been unlawful’ in Thomas v Sorrell?
Vaughan CJ
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
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
Long v Tower Hamlets LBC
Shows s.54(2) requires individual to be in possession and lease to start immediately
What case shows s.54(2) requires individual to be in possession and lease to start immediately
Long v Tower Hamlets LBC
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
What three cases show courts trying to find unities in multiple occupancy?
Antoniades, AGS v Vaughan and Mikeover v Brady
Who wrote a case note on Mayor of London v Hall/the decision in Manchester Airport v Dutton?
Lochery
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
Why does Lochery criticise Dutton?
Conflated right to occupation and right to possession
How does Lochery argue that licences are evidently not property rights?
Can’t protect them by registration and not overriding interests
What two cases failed for lack of a certain term?
Prudential and Lace v Chantler
Lace v Chantler
Duration of WWII
Duration of WWII
Lace v Chantler
What is the fact that labels are not decisive an infringement on?
Freedom to contract
‘Non estate’/’contract of tenancy’
Bruton v London & Quadrant
