Leases

Front 1

s(1)(b) LPA 1925

Back 1

Lease is a proprietary estate in land

Front 2

Elements of a lease

Back 2

Exclusive possession
For a term certain
At a rent

Front 3

Street v Mountford 1985

Back 3

Laid down characteristics of a lease

Front 4

Exclusive possession

Back 4

Tenant excluding everyone from the land.
Exclusive possession not exclusive occupation

Front 5

Exceptions to exclusive possession

Back 5

Facchini v Bryson

Front 6

Facchini v Bryson exceptions

Back 6

No intention to create legal relationship
Act of friendship
Service occupancy

Front 7

No intention to create legal relations

Back 7

Cobb v Lane
Heslop v Burns

Front 8

Act of friendship

Back 8

Marcroft Wagons Ltd v Smith

Front 9

Service occupancy

Back 9

Norris v Checksfield

Front 10

Abbeyfield v Woods

Back 10

Daily services in elderly home. No exclusive possession just occupation

Front 11

Merchant v Charters

Back 11

Bachelor flat. D had daily services so no exclusive possession, only licence

Front 12

AG Securities v Vaughan

Back 12

Requirement to share with stranger. 4 licences.

Front 13

Aslan v Murphy

Back 13

Told to leave house for 90 mins each day, told had to share small room, hardly any services provided from keeping key. Sham

Front 14

Certainty of term

Back 14

Certainty of commencement date
Certainty of duration
Both parties aware

Front 15

Say v Smith

Back 15

Lease will fail without a date of commencement

Front 16

Lace v Chantler

Back 16

Duration of war not certain

Front 17

Ashburn Anstalt v Arnold

Back 17

Rendered certain although no set date to end
Both parties know the events that would bring lease to end- reconstruction

Front 18

Prudential Assurance Co v London Residuary Body

Back 18

Overruled Ashburn, max duration must be certain from the outset
Lace v Chantler still good law

Front 19

The payment of rent

Back 19

Seen as consideration for a lease
Has to be paid for tenant protection under Rent Acts

Front 20

s205 LPA 1955

Back 20

Whether at a rent or not

Front 21

Ashburn Anstalt v Arnold

Back 21

Rent not needed
Lord Templeman in Street v Mountford was not stating that you cannot have lease without rent, it just shows indication.

Front 22

Colchester BC v Smith

Back 22

Licence, council allowed adverse possessor to stay without rent at own risk

Front 23

Skipton Building Society v Clayton

Back 23

Affirms Ashburn, rent not needed

Front 24

Lease of 3 years or less

Back 24

s53(2) Can be informal
s54(2) Can be oral/in writing
Take effect in possession
At best rent
Bind 3rd parties as OI under Schd3 para1

Front 25

Take effect in possession

Back 25

Long v Tower Hamlets BC
If not= a future lease and needs deed
if 3+ months in advance needs registering

Front 26

Fitzkinston LLP v Penayi

Back 26

At best rent
£4,000 was a 1/3 of market rent, no lease under 54(2)

Front 27

Over 3 years lease

Back 27

s52(1) Needs a deed
s1(2)LP(MP)A
Clear it is a deed
Signed + attested by both parties
Delivered

Front 28

7+ years lease

Back 28

S52(1) Needs a deed
s1(2) LP(MP)A
Needs to be registered
s.29+30 binds 3rd parties

Front 29

Binds as OI under Schd3 para 1

Back 29

Legal lease 7 years or less, oral 3 years or less

Front 30

Equitable lease

Back 30

s53(1)(b)
s2(1) LP(MP)A 1989- Contract
in writing
containing all terms
signed by each party

Front 31

Equitable lease on 3rd party

Back 31

Should be registered to be protected
If not could bind as OI under Schd3 para 2 if:
Proprietary interest
In actual occupation
Except if claimant fails to disclose

Front 32

Walsh v Lonsdale

Back 32

'Equity looks on that as done which ought to be done'
If there is a contract under S2(1) 1989 Act it is clear what parties intended..lease will exist

Front 33

Express/implied Covenants

Back 33

Propriety and contractual relationship

Front 34

Tenants covenants

Back 34

Not to alter
Use of premises
To pay rent
No nuisance
To not reconstruct

Front 35

National carriers v Panalpina

Back 35

Covenant to pay rent unless lease is frustrated.
20 months no access out of 10 years did not frustrate the lease.

Front 36

Covenant not to create a nuisance

Back 36

Can sue for breach of quiet enjoyment of land

Front 37

Landlords covenants

Back 37

Covenant to repair
To renew the lease
Quiet enjoyment
Not to derogate from grant

Front 38

Covenant to repair/Covenant for quiet enjoyment. Soundproofing needed due to noise outside, however tenant takes property as finds it

Back 38

Southwark LBC v Mills

Front 39

Perera v Vandiya 1951

Back 39

Cutting off electricity breach of quiet enjoyment

Front 40

Lavender v Betts

Back 40

Landlord removed all windows and doors, interfered with 'uninterrupted use of property' Breach of quiet enjoyment

Front 41

Complaints for breach of quiet enjoyment must be

Back 41

1- Based on action by landlord
2- After commencement of lease

Front 42

Covenant to repair

Back 42

Generally no obligation to do so unless in lease.

Front 43

Liverpool CC v Irwin

Back 43

Exception to covenant to repair
Common access areas in block of flats

Front 44

Barnett v Lounova

Back 44

Court implied repair obligation of a dwelling house
Went against many cases

Front 45

Not to derogate from grant

Back 45

Landlord lets for particular purpose then actions stop that purpose from happening

Front 46

Port v Griffith

Back 46

L sold property next to his to someone who also opened a wool shop. No derogation from grant simply more competition

Front 47

Harmer v Jumbil

Back 47

Landlord let adjourning land to a new tenant who built on it, and prevented claimant to continue to store explosives

Front 48

Landlord and Tenant Covenants Act 1995

Back 48

Leases created on or after 1st Jan 1996

Front 49

s19 Landlord and tenant Act 1927

Back 49

Requirement for reasonableness for not reassigning/subletting
If person can pay rent and observe covenants then should be consented

Front 50

Remedies for tenant

Back 50

Repudiation by fundamental breach
damages
injunction
specific performance
action for prevention of harassment

Front 51

Chartered Trust v Davis

Back 51

Shopping mall lease, tenant withheld rent due to nuisance. Lease repudiated.

Front 52

Remedies for landlord

Back 52

Specific performance
Failure to pay rent- forfeiture
Other covenants apart from rent-
s.146 LPA 1925 notice

Front 53

Non payment of rent

Back 53

Forfeiture
Serve a formal demand
Tenant can be allowed time to raise money

formal demand not needed where there is an express clause in lease stating one is not needed
where more than 6 months rent in arrears

2- proceedings in court

Front 54

Other covenants apart from rent

Back 54

S.146 LPA Act notice served by landlord:

specifies the breach
requires it to be remedied (if it can be)
requires tenant to pay compensation

Front 55

Rugby School of Governors v Tannahill

Back 55

Stigma attached to property as was used for a brothel. Cannot be remedied therefore s.146 notice does not need to require remedy