seminar questions 3 Flashcards
What is a lease?
A lease is, fundamentally, a contract, as well as an estate in land.
Defined in s1(1)LPA 1925 as a term of years absolute.
What is a licence?
A licence is permission given by the owner of land to another person, to use the owner’s land for some specific purpose. The permission, or licence, can be to do anything at all
does a licence create a property right?
No - It does NOT confer a proprietary interest
According to Lord Templeman, what are the essential characteristics of a lease?
exclusive possession, for a determinate period, at a rent
Note that rent is not always required: See LPA 1925 s.205(1)(xxvii), Ashburn Anstalt v Arnold.
In what circumstances have the courts found exclusive possession despite the contrary being asserted by landlords?
sham terms, retaining a key to use the property whenever the landlord wanted, naming the agreement a licence. Be aware of relevant cases.
To what extent must a lease be of certain duration?
A lease must always be of a certain duration – this may be specific such as 5yrs, or determinable upon an event – in this instance though the maximum period must be certain, for instance a lease for life is converted to 90yrs under s 149 LPA 1925
How must a lease of 10yrs be created?
By Deed – s52(1) LPA 1925 + comply with s1 LP(MP)A 1989
Can a lease of 1yr be created verbally?
Yes – s54(2) LPA 1925 can be created by parol. As noted in the statute this applies to Leases of less than 3yrs, in possession at best rent without a fine
Must a lease over 7yrs be registered?
To be legal it must be registered – s4(1)(c), s27(1), s27(2)(b) LRA 2002. Otherwise it will only take effect in equity – this does not require registration but may be protected with a notice under s32 LRA 2002, alternatively it might be overriding under schedule 3, para 2 LRA 2002.
Must a lease under 3yrs be registered?
No – it is specifically excluded by s33(b) LRA 2002. It can still exist as a legal lease.
What is a leasehold covenant?
Promise between landlord and tenant
What are some common leasehold covenants?
Covenant of quiet enjoyment
Covenant of non-derogation from grant
Covenants of repair and fitness for human habitation
Covenant for payment of rent
Covenants of repair and access
Covenant not to commit waste
Covenant to use the premises in a tenant-like manner
What are the methods for ending a lease?
Expiry (Effluxion), Notice, Merger, Surrender, Forfeiture
