Zusammenfassung der Ressource
LEASEHOLD
- Must be a start & end point
- key case - STREET v MOUNTFORD 3 stage test
- 1) Exclusive possession important factor
- Tenant should have right to exclude
everyone from property, including landlord
- Landlord may retain a key only to
check or facilitate repairs with notice
- If landlord reserves right to enter at any time
for any reason, not consistent with exclusive
possession so would be a licence
- Contrast with exclusive occupation - ie hotel guest
- 2) For a fixed or certain period of time
- 3) For the payment of rent (although not essential now
following case of ASHBURN ANSTALT v ARNOLD)
- Court will be more flexible about whether a
lease or licence in certain situations
- Family Situations
- Acts of Charity
- Service Occupancy - live in with job
- Could argue a licence but payment
of rent will make it more formal as
may be an intention to create a legal
lease. Amount of rent paid could be a
relevant factor
- Creation of legal leases: 3 yrs or more - must be
by deed s52(1) LPA; 7 yrs or more - must be
registered s4 LRA 02
- If not in law, will not automatically exist in
equity, consider WALSH v LONSDALE
- If above 3 years requires a deed, in equity
requires a contract, Implied tenancy as last resort
- Periodic tenancy - express or implied. How
rent to be paid is expressed is how to
determine the period of the lease ie if
expressed as £10,000 pa, yearly tenancy.
- 2 situations when these arise: Holding over, when fixed term
ends, tenant does not vacate and owner still accepts rent
- OR, entering into possession - tenant is given
possession with owners consent & rent accepted
- Tenancy at Will - until first rent accepted, tenancy
at will, converts to implied periodic as soon as
rent starts to be accepted, then becomes legal