Leases

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  • Leases
    • Tenancies
      • Periodic Tenancies
        • Unless there is notice to terminate, it will continue
        • No power to increase rent if the lease continues, would have to terminate and offer a new tenancy at revised terms
        • Terms
          • Alder v Blackman - frequency is not the test.  You might have a p/a rent paid 12 instalments
        • Termination
          • In the absence of agrement, the courts will infer: 1 year to have 6 month notice, shorter period to be length of the period (weekly period have 1 week notice)
            • but notice must be given so as to expire at the END of a period, and one day late would mean to extend the contract for another period
          • Joint tenants: a notice by one of the two will be effective to terminate.
            • Hammersmith v Monk
            • Contrasted with joint occupiers
              • Antoniades v Villiers - living as man and wife in a single bedroom.  Lease, although the contract purported to be a licence agreement
              • AG Securities v Vaughan - 4 parties each with their own room.  When one leaves, a newcomer will enter.  Agreements entered into at different times.  No individual treated as being in exclusive occupation
              • Stribling - an agreement by 3 friends to live together.  They took the flat at the same time but it was in their contemplation that it would not be forever
          • Human Rights protection?
            • Article 8: right to respect for private and family life and home
            • Qazi - the HL rejected the human rights argument
            • McCann v UK - the ECHR affirmed the rights of the tenant.  Applied in conjunction with proportionality
      • Absolute Tenancies
        • LPA 1925 - s205 - a "term of years..."
    • Lodgers
      • Rent and commencement, but no exclusive possession
      • Westminster CC v Clark - sharing the house with the owner
      • Vandisteen - a lease because the services provided by the landlady were not part and parcel with the contract - she was not cleaning BECAUSE she was their landlady
      • Aslan v Murphy - a key was retained, but it matters not why.  The real question is the services that would have been provided - i.e. frequent changing of bed linen/ cleaning etc.
        • Lord Donaldson: spades of tenancy and forks of lodging.  The distinction is multi factoral
    • Requirements
      • Tenancies
        • Periodic Tenancies
          • Unless there is notice to terminate, it will continue
          • No power to increase rent if the lease continues, would have to terminate and offer a new tenancy at revised terms
          • Terms
            • Alder v Blackman - frequency is not the test.  You might have a p/a rent paid 12 instalments
          • Termination
            • In the absence of agrement, the courts will infer: 1 year to have 6 month notice, shorter period to be length of the period (weekly period have 1 week notice)
              • but notice must be given so as to expire at the END of a period, and one day late would mean to extend the contract for another period
            • Joint tenants: a notice by one of the two will be effective to terminate.
              • Hammersmith v Monk
              • Contrasted with joint occupiers
                • Antoniades v Villiers - living as man and wife in a single bedroom.  Lease, although the contract purported to be a licence agreement
                • AG Securities v Vaughan - 4 parties each with their own room.  When one leaves, a newcomer will enter.  Agreements entered into at different times.  No individual treated as being in exclusive occupation
                • Stribling - an agreement by 3 friends to live together.  They took the flat at the same time but it was in their contemplation that it would not be forever
            • Human Rights protection?
              • Article 8: right to respect for private and family life and home
              • Qazi - the HL rejected the human rights argument
              • McCann v UK - the ECHR affirmed the rights of the tenant.  Applied in conjunction with proportionality
        • Absolute Tenancies
          • LPA 1925 - s205 - a "term of years..."
      • Rent?
        • Street v Mountford - required rent at a term
        • AG Securities - there needs to be SOME kind of consideration or it won't be a contract at all!
        • Ashburn Anstalt v Arnold - "whether or not at a rent" it CAN exist without rent
      • Commencement - have a certain beginning and end
        • Harvey v Pratt- lease has to be of a certain rent
        • Lance v Chandler - a lease for the length of WWII void for uncertainty
        • Mexfield - an unending lease is treated as a lease for life under Section 149 of the LPA = 90 years terminable on death
        • S144 (3) of the LPA Act 1925 - can also be granted to take effect at a later date.  However, this future date should be within 21 years of the grant
      • Exclusive Possession
        • Street v Mountford - expressed as a licence when it was a lease.  S could enter to carry out maintenance, but only she sleep there. Landlord had limited rights.
        • Shams & Pretences
          • Aslan v Murphy - required the parties to 'move out' for 90 minutes per day to show that they weren't in exclusive possession.  Sham.
          • Crancour Ltd - occupation licence but purported to require that they vacate the premises (including all belongings as unfurnished) between 10am and 12 each day.  Landlord also 'had a right' to remove their possessions
          • Bright - a pretence will be found where there is no genuine intention to implement the contract as it stands.  A 'sham' is antequated - infer common intention & for WHOLE doc to be a lie
      • Formality requirements
        • Short leases >3 years
          • Section 54(2) LPA 1925
            • a lease that takes effect for not more than three years at the best rent that is reasonably obtained without taking a fine can be made legally in writing or orally and still be considered legal
        • Long leases
          • Section 52(1) Law of Property (Miscellaneous Provisions) Act
            • a legal lease should be created by a deed, unless the lease falls under the provisions of s54 (2) of the LPA
          • If not created by deed, then it will be an Equitable Lease only
            • Browne v Warner - can protect with injunctive relief
            • Walsh - you are on the same term as if the lease had been granted
            • Law of Property (Miscellaneous Provisions) Act of 1989, S2
          • Legal leases are binding on all comers, but this can be modified under LPA 2002 and depending on the length of the original terms of the lease
            • Legal Leases Granted for a term of more than 7 years: These leases should be duly registered
            • for 7 years or Less: A legal lease granted for seven years or less, is granted out of reversion with a registered title, the lease takes an overriding effect irrespective of the fact that the tenant is in actual occupation or not

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