Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
26 Cards in this Set
- Front
- Back
|
Requirements to be a lease
|
1. Exclusive possession
2. Duration must be certain 3. Rent is usual but not required Street v Mountford |
|
|
Before 1985 written document will determine
|
Somma v Hazelhurst
|
|
|
But in commercial transactions the labels count
|
Clear Channel v Manchester CC
|
|
|
If the lessor retains a limited right of re-entry it may still be a lease the test is to ask why the right is retained
|
Street v Mountford
|
|
|
If they retain a key it may still be a lease the question is what is the key kept for? To provide services?
|
Aslan v Murphy - had a key but was a lease
|
|
|
If the owner provides services then there is no exclusive possession
|
Marchant v Charters - cleaning provided
|
|
|
If there was a service provided for in the contract but it was never provided, it may be a license. The test is what the occupier was contractually entitled to, not what he was actually getting.
|
Huwyler v Ruddy - cleaning provided then stopped
|
|
|
Although if a service is in the agreement but never provided it may still be a lease. The test is about unrestricted access.
|
Markou v Da Silversea - cleaning in contract but never provided
|
|
|
If the lessor controls use of the property (i.e.. can move them from one room to another) than it is a license
|
Westminster CC v Clarke
|
|
|
A sham is where the term doesn't reflect the intention or reality of the agreement
|
Antoniades ; Aslan
|
|
|
A pretence is where the clause doesn't reflect the substance/reality of the agreement and one of the parties did not intent to rely upon it
|
Antoniades v Villers
|
|
|
If living there for better performance of their employment duties it is not a lease
|
Norris v Checkersfield - Coach driver
|
|
|
Acts of charity or friendship do not create leases as no intention to create legal relations
|
Gray v Taylor
|
|
|
Rent is usual but not required
|
Ashburn Ansalt v Arnold
|
|
|
If rent is payable the amount must be objectively verifiable
|
Brown v Gould - "to be fixed with reduard to market value"
|
|
|
The start date must be certain
|
Harvey v Pratt
|
|
|
The end date must be certain
|
Lace v Chantler - "for the duration of the war"
|
|
|
Deviation from the certainty rule
|
Ashburn Ansalt v Arnold - until needed for redevelopment
|
|
|
Orthodoxy restored certainty
|
Prudential Assurance - "until the road would be winded"
|
|
|
Certainty protects land lords
|
Sparkes (1993) LQR
|
|
|
Certainty denies parties flexibility
|
Bright (1993) Legal Studies
|
|
|
Periodic tenancy can be implied to solve certainty
|
Prudential Assurance
|
|
|
A lease not exceeding three years can be legal without formalities
|
LPA s. 54(2)
|
|
|
Equitable leases
|
No deed if over 3yrs
No registered under seven years |
|
|
Registered Land
|
Legal Over 7: registrable disposition
Legal Under 7: Overriding interest Equitable: need to be registered or but if not and in actual occupation may override |
|
|
Unregistered Land
|
Legal: binding on all third parties
Equitable: need registered as Class (iv) land charge |
