leases

?
what is a lease and where does its definition come from?
a proprietary interest in the land that grant exclusive possession for the duration of the term (s.1(b) LPA 1925)
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what is a licence?
a purely personal interest that only bind the the licensor and licensee
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a licence is more favourable to who and why?
landlord as it grants limited protection under the Housing Act 1996 and 1988
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a lease is more favourable to who and why?
tenant as it grants more protection under housing acts and their is a requirement for notice under the protection from eviction act
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what case defines the characteristics of a lease and what are they?
street v mountford, term certain, exclusive possession and consideration
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what is the term certain requirement and what are the sub-types?
a precise term must be known from the start (bernsford v mexfield) fixed term and periodic
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what is a fixed term lease?
an expressly created lease (s.52 LPA 1925) where the end date is known as in Lace v chantler
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what is a periodic lease?
a lease that runs in periods of automatic renewal unless a notice to quit is served (ladies hosiery v parker (which can be expressly created v writing or impliedly by rent payments made on a periodic basis
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what is the definition of consideration and where does it come from>
a payment of rent per lord templeman in street v mountford
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which authorities state that the importance of rent has decreased and why?
Bostock v byrant rent dies not need to have been paid in money but must be certain under s.205 LPA, Aslan v Murphy states that rent is a good indicator but not essential
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what is exclusive possesion?
the right to exclude all including the landlord (vesly v levy)
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how do the court look at sham clauses?
see them as attempts to remove exclusive possession
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what are the maxims governing sham clauses?
equity looks to the context rather than just the form, equity see as done what ought to be done
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what does facchini v bryson say?
the burden of proof lies with the tenants to prove that they do have exclusive possession
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what does shared occupancy bring rise to?
four unities
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what are the 4 unities and which cases were they demonstrated in ?
time, title, interest and possesion AG securities v Vaughan
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what does the unity of title ask?
are both names on the same agreement? Antonides
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what does the unity of time look to?
interest must have been vested at the same time
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what is the unity of possession?
they should both have equal right to occupy ALL the property
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what is the unity of interest?
are they pay 1 total sum or 2 individual sums
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what is an independent agreement?
can stand alone and one will likely move in without the other
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what is an interdependent agreement?
an agreement that relies on another to operate, sham attempt to make a licence and prevent lease
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what happens in agreements are independent?
2 licences created (ag securities)
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what happens if agreements are interdependent?
1 lease is made provided 4 unities are present (antonides)
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notice required for a licence?
there isnt any, only reasonable notice is required which is 28 days
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notice required for a lease?
expressed legal periodic tenancy is created, notice equivalent to rent payments is needed
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security of tenure of a lease in unreg land?
bind in rem
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what is the security of tenure for lease in reg?
overriding interest sched 3 LRA 2002
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what doe formalities depend on?
duration/type of lease
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what is the requirement of a lease 3+ years?
a deed
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what makes a deed valid?
delivery, witness, signature lp(mp)a 1989
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how can a lease operate in absence of deed?
if 3 yrs of less there is no need for deed as long as at best rent, takes effect in possession and there is no fine imposed s.54(2) LPA 1925, no writing at all is required (adler v blackman)
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how is intention satisfies?
when negotiations are complete javad v aquil
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what are the 2 types of equitable lease?
tenancy at will (walsh v Lonsdale), proprietary estoppel
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what is a tenancy at will?
purely personal (i.e favour act of kindness) applies where formalities formalities and writing are absent (norris v checkfield)
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what are the maxims?
equity treats as done what ought to be done
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when does this apply?
clean hands, consideration and agreement, equity will not assist a wrong-doesr
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when does proprietary estoppel help?
where 3 requirements are not fulfilled
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why does proprietary estoppel help?
equity only requires the bare minimum (Jennings v Rice)
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what does prop estop look at?
assurance, reliance, detriment, unconscionability
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what is assurance?
the promise gillet v holt
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what is reliance?
the dependency jennings v rice
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what is the detriment?
the loss wayling v jones
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what is unconscionability?
the ethics (taylor fashions)
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how are equit lease protected in reg?
notice or overriding interest in actual occupation sched 3 LRA 2002
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how are equit lease protected in unreg?
class d land charge
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what are the potential remedies?
damages as in baker v baker, or if clean hands maybe fixed term lease
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Other cards in this set

Card 2

Front

what is a licence?

Back

a purely personal interest that only bind the the licensor and licensee

Card 3

Front

a licence is more favourable to who and why?

Back

Preview of the front of card 3

Card 4

Front

a lease is more favourable to who and why?

Back

Preview of the front of card 4

Card 5

Front

what case defines the characteristics of a lease and what are they?

Back

Preview of the front of card 5
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