Summary: Ws5 Leases

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PLEASE KNOW!!! There are just 20 flashcards and notes available for this material. This summary might not be complete. Please search similar or other summaries.

Read the summary and the most important questions on WS5 Leases

  • 1 STEP 1: Is it a lease or licence?

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  • What is the definition of a licence and will it bind the purchaser?

    Gives the licensee personal permission over another land but it does not give the licensee a proprietary interest and is not binding on third parties. There are two forms of licences, bare and contractual (refer to WS1)
  • 1.1.1 Certainty of Duration

  • What is the definition of 'certainty of duration' (s205(1)(xxvii) LPA 1925 under s1(1)(b) LPA 1925?

    'a term of years absolute' = beginning and end of the lease are known.
  • 1.1.2 Exclusive Possession

  • Does exclusive possession allow the tenant to exclude everyone including the landlord from the premise? 

    Right to exclude everyone including the landlord.
  • How does Street v Mountford describe exclusive possession?

    'exclusive possession at a rent for a term'
  • 1.1.2.1 Where there is multiple occupancy?

  • Explain what 4 unities have to be present for joint tenants to have exclusive possession and the right to exclude others?

    • Possession - equal right to occupy all of the premises
    • Interest - same leasehold interest for the same term
    • Time - interests start at the same time
    • Title - All interests derive from the same document
    (Refer to WS4 - co-ownership)
  • Explain why AG Securities v Vaughan failed to show exclusive possession?

    It was a licence because:
    • Signed independent agreements 
    • No exclusive possession on any one party or jointly 
    • Rooms occupied on a rolling basis 
    • different start dates and rents 
  • In contrast with Antoniades v Villers which successfully showed exclusive possession?

    It was a lease because:
    • Identical agreements signed on the same day 
    • Joint and exclusive possession 
    • 'must consider the surrounding circumstances including any relationship between the occupiers'
  • 1.1.3 (Rent)

  • Is rent essential to prove a tenancy (Ashburn v Arnold)?

    Although rent indicates an intention to create legal relations, it is not essential.
  • 2 STEP 2: If it is a lease, what type is it?

  • 2.1 Fixed term

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  • When do the parties (the tenant and the landlord) know the maximum duration of the lease?

    The maximum duration of the lease is known from the outset.
  • How must a fixed term lease be created (s52 LPA 1925)?

    Must be created expressly (s52 LPA 1925).
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