leases & liences

  • Created by: jesskeayy
  • Created on: 05-05-19 14:28
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  • Leases and Licences
    • Doctrine of Estates: no one but the Queen owns land, as far as law is concerned
      • Goes back to feudal time, where land belonged to the crown. Everyone 'held' land, rather than owned it i.e. landlord & tenant
      • Estates:
        • Freehold: estate that lasts forever
        • Leasehold: estate that lasts for specific amount of time
        • Fee tail: estate that lasts as long as your heirs do
        • Estate for life: estate that lasts for as long as your life
    • Licence is a contractual interest, it doesn't confer ownership
    • Lease: grant of land held for a term with exclusive possession  of land
    • Occupier is a lodger if landlord provides services requiring landlord to have unrestricted access to land. This is not the lodger's land
    • Property rights: means being able to defend property- leases and freeholders are property rights
      • Contractual rights: between 2 people, each promising the other something. Doesn't give rise to rights against third parties
        • Antoniades v Villiers
    • AG Securities v Vaughan- 4 men live in house owned by C.  When one leaves, the others are involved in finding another person
      • Management company not bound to go with the opinions of tenants. As they all had individual tenancies and not a joint one, C were entitled to kick out as they were licencees, not tenants
    • Joint tenancy:
      • 1. Unity of possession- each joint tenant is entitled to possession of every part of co-owned land
      • 2. Unity of interest- joint tenant's interest must be same in extent, nature and duration
      • 3. Unity of title- joint tenants must derive title to the estate from the same act/ document
      • 4. Unity of time- interest of joint tenants must vest at same time
      • Westminster CC v Clarke: D had sheltered accommodation from council after being made homeless. Accom was shared and had a warden
        • Accom used to rehabilitate people back into society. Complaints made about D and council tried to terminate his 'licence'
          • Housing Act 1985- tenant cannot be evicted without: 1. council serving notice in accordance with s.83.
            • 2. court finding Clarke guilty of conduct.
              • 3. court thinking eviction reasonable
        • This was a licence


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