Leases

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  • Created by: Edward
  • Created on: 29-02-16 12:25
Bruton (2000)
Lord Templeman: a lease will usually carry with it an estate, but this is not necy the case
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Mann Aviation v Long Mint Aviation (2011)
Apart from by express agreement, a periodic tenancy may arise by implication in circums where a person goes into possn and pays rent and intend their relationship to be one of landlord and tenant
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Javad v Aqil (1991)
Re implied periodic tenancy – the parties’ intention is to be inferred from circums of each case
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London and Ass’d Investment v Calow (1986)
Implied periodic tenancy rules apply equally to both residential and commercial prop
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Banjour v Brent (2005)
If no rent is payable there can be no implied tenancy
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Manfield v Botchin (1970)
Tenancy at will can arise expressly (or by implication (Javad))
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Wheeler v Mercer (1957)
Tenancy at will arises where, with the consent of the landlord, the tenant is holding over at the end of a lease pending negotiation of a sale or new lease (see also Javad)
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London Baggage (2000)
Re tenancy at will, rent may be charged, but is unlikely to convert genuine tenancy at will into periodic tenancy
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Rye v Rye (1962)
One cannot lease prop to oneself
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Say v Smith (1563)
The lease must have an ascertainable and certain duration (i.e. a defined end)
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Lace v Chantler (1944)
If it impossible to calculate the duration of the term, then the lease is void
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Prudential Assurance v London Residuary Body (1992)
A lease to continue until the local council requires the land for road widening purposes was invalid for uncertainty (also Lord Templeman criticised duration of leases)
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Birrel v Carey (1989)
A lease to continue so long as the company is trading is uncertain
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Asburn Anstalt v Anold (1988)
A ‘no rent – no tenancy’ principle does not exist; although Onyx (1996) showed it might support proposition that a licence has been entered into
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Street v Mountford (1985)
Lord Templeman: a tenant armed with ex possn can keep out strangers and keep out that landlord unless the landlord is exercising limited rights reserved to him by the tenancy agreement to enter and view and repair
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Vesely v Levy (2007)
It is possible to have ex occ of a room without being in ex possn of it
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Abbeyfield Society v Woods (1968)
If the grantor remains in general control of the prop (e.g. an in or hotel) a licence is likely to be inferred
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Street v Mountford (1985)
Court’s approach is to look at the substance and reality of the transaction and consider the agreement in the factual matrix in which it exists
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Clear Channel (2005)
CA: for exclusive possn to exist, the area(s) of land over which the right is said to exist must be capable of precise definition at the date when the right is said to have been created
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Antoniades v Villiers (1990)
If the attempt to create a tenancy is not genuine and realistic, those parts of the agreement will be disregarded
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Street v Mountford (1985)
Lord Templeman: if the agreement satisfied all the reqts of a tenancy, then the agreement produced a tenancy and the parties cannot alter the effect of the agreement by insisting that they only created a licence
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Cobb v lane (1952)
Family arrangements = exception where ex possn exists and a licence will be found (however, see Nunn v Palyrymple (1990))
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Booker v Palmer (1942)
Acts of friendship, charity and generosity provide exception where ex possn exists and a licence will still be found
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Norris v Checksfield (1991)
Employees and the exception regarding ex possn and a licence being found
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AG Securities v Vaughan (1990)
If the landlord reserves the right to replace the departing occupiers and reallocate rooms, the occupiers are licensees as neither together nor individually can they be said to have ex possn
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Uratemp Ventures v Collins (2001)
Even if each could be said to have a tenancy of a bedroom, none would enjoy security of tenure because, as they would share essential living rooms, none can be said to occupy a separate dwelling
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Crago v Julian (1992)
A deed is reqd for any assignment of a legal lease and this includes one which has been created orally under the 3yr exception
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Walsh v Lonsdale (1882)
Equity looks on that as done which ought to be done – an agreement for a lease is as good as a legal lease – spec perf of a contract to create a legal lease
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Coatsworth v Johnson (1886)
A contract is dependent upon the availability of spec perf which is a discretionary remedy and may not be granted if e.g. a tenant is in breach of his oblign
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Hammersmith v Monk (1992)
If a JT exists, a notice to quit served by merely one of them will be valid
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Pennel v Payne (1995)
A notice to quit by a tenant will automatically terminate any sub-tenancies which exist
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Mannai Investment v Eagle Star (1997)
The notice to quit must be clearly worded as, if it would mislead a reasonable landlord or tenant, it will be invalid
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BOH v Eastern Power (2011)
A merger will only occur if the party in whom the 2 estates vest intended a merger
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Clarke v Widmall (1977)
Except as to equitable leases, the right to forfeit is dependent upon the lease containing a forfeiture clause
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Hounslow v Pilling (1994)
In a JT, all of them must join in or acquiesce in the surrender
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Deanplan v Mahmoud (1992)
Following surrender, the tenant Is released from liability on the covts (except as to past breaches)
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Chamberlaine v Scally (1992)
Surrender can arise by expressly (deed) or by operation of law (landlord accepting return of keys)
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Chrisdell v Johnson (1897)
The landlord must know of the breach before it can be waived
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Central Estates (No 2) (1972)
Conduct can amount to waiver when the landlord’s acts are consistent only with the continued existence of the lease (e.g. if the landlord subsequently sues for or accepts rent)
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Ayela v Newham LBC (2010)
If evidence shows that the arrears cannot be paid within a reasonable timeframe, relief will not be available
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Bank of Ireland (1997)
General principle = the law leans lends against forfeiture and will grant relief wherever possible
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Rugby School v Tannahil (1935)
Use of remises as a brothel amounted to incapable of remedy
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Scala House v Forbes (1974)
A breach of covt against assigning, sub-letting or parting with possn
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Other cards in this set

Card 2

Front

Apart from by express agreement, a periodic tenancy may arise by implication in circums where a person goes into possn and pays rent and intend their relationship to be one of landlord and tenant

Back

Mann Aviation v Long Mint Aviation (2011)

Card 3

Front

Re implied periodic tenancy – the parties’ intention is to be inferred from circums of each case

Back

Preview of the back of card 3

Card 4

Front

Implied periodic tenancy rules apply equally to both residential and commercial prop

Back

Preview of the back of card 4

Card 5

Front

If no rent is payable there can be no implied tenancy

Back

Preview of the back of card 5
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