Land Ws5 Lease Or Licence

Front 1

Lease for the duration of war not valid. Cannot say at future time precise length will be known.

Back 1

Lace v Chantler (1944)

Front 2

The effect of the agreement was to give exclusive possession for a term at a rent. Court will look at the effect, not the label. A five-pronged digging implement is a fork, even if you call it a spade.
Exceptions can be:
- No legal relations intended
- No tenancy where occupation is from employment or office
- No tenancy where vendor and purchaser have contracted for land
- Owner has no power to grant tenancy

Back 2

Street v Mountford (1985)

Front 3

Agreements, on identical terms, were signed on the same day; interdependent and meant to have effect as a single agreement; held to be a sham to contract out of Rents Act 1977
– Attempts to exclude EP must be genuine; courts should disregard artifice and give effect to the true bargain
– Consider:
--- Relationship between occupiers
--- Intended use of property
--- Nature and mode of accommodation
--- Intention of the two agreements was joint EP

Back 3

Antoniades v Villiers (1990)

Front 4

Agreement held to be licence:
- Agreements in same form but different rent, signed on different dates and independently of each other
- Parties described as owner and licencee
- Rooms on a rolling basis, allocation delegated to inhabitants
- joint EP not found

Back 4

AG Securities v Vaughan (1990)

Front 5

A tenancy may arise where no rent is payable
LPA25 s205(1)(xxvii) specifically says “whether or not at rent”

Back 5

Ashburn Anstalt v Arnold (1989)

Front 6

For gaps in property formalities, the law will imply from the circumstances the terms the parties can be taken to intend. Failing a better inference, a weekly rent is a weekly tenancy

Back 6

Javad v Mohammed Aqil (1991)

Front 7

Violent entry to property can be a criminal offence

Back 7

Criminal Law Act 1977, s6

Front 8

If formalities for legal estate not satisfied, an estate contract enforceable by specific performance creates an equitable interest

Back 8

Walsh v Lonsdale (1882)

Front 9

Right of re-entry or forfeiture only exercisable by court proceedings

Back 9

Protection From Eviction Act 1977, s2

Front 10

Notices to quit need four weeks, must be written, and contain prescribed things

Back 10

PFEA 1977, s5

Front 11

Recovery of premises at end of lease or licence from occupier only by court order

Back 11

PFEA 1977, s3