2884907
Description
Flashcards by Robin Pearce, updated more than 1 year ago
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Created by Robin Pearce
about 9 years ago
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| Question | Answer |
| What is a leasehold? | one of the recognised estates in land capable of being legal under s.1(1)(b) LPA 1925 |
| What are the essential characteristics of a lease? | 1. Certainty of term 2. exclusive possession 3. rent |
| For certainty of term there must be? | 1. a fixed and maximum duration 2. a certain state date and where none is specified the date of occupation |
| What if the term term appears uncertain? | The courts seem willing to imply a tenancy period where the tenant has taken possession and has started paying rent |
| What is exclusive possession? | The ability to exclude all others from the property, including the landlord |
| Sometimes landlords try to disguise a lease as a license. Which case addressed this by saying the courts will look to the form not the words? | Street v Mountford |
| What factors will the courts take into account when deciding whether clauses attempting to exclude exclusive possession are real or pretence? | 1. The relationship between potential occupiers (i.e. a couple) 2. the course of negotiations 3. the type and size of the accommodation 4. the intended/actual mode of occupation Not an exhaustive list |
| How is a lease created? | s.52(1) - requires a deed s.54(1) - a deed is only required for a lease exceeding 3 years so for less than 3 years it can be made in writing or orally. The same applies to a yearly tenancy |
| Legal leases? | For a lease OVER 7 years to legal it must be registered if the land is registered as must leases taking effect more than 3 months in the future. |
| How might a periodic tenancy arise? | by implication if the person is in occupation and paying rent. The length implied with match the calculation of rent. So £5k a year paid monthly would be an implied yearly tenancy |
| How is an equitable lease created? | by not complying with the correct formalities |
| Equitable leases are relevant because... | a failed attempt to create a legal lease is seen by equity as a intention to enter into a contract to create a legal lease. Therefore the landlord could seek specific performance to enter into a lease |
| What is the doctrine of Walsh v Lonsdale? | because a legal periodic tenancy can arise by implication, it is quite possible for a legal periodic lease and an equitable fixed term lease to exist at the same time. Where this arises, the equitable lease will prevail; |
| Why isn't an equitable lease as good as a legal lease? | 1. it relies on the remedy of specific performance which is discretionary 2. it will not 'bind the world' 3. s.62 LPA which imports terms does not apply |
| How can a lease be ended? | 1. Fixed term expires 2. By notice 3. Surrender by deed 4. disclaim in bankrupty 5. Foreiture - breach of covenant by tennt |
| Main difference between a lease and a license | a licensee does not have an estate or interest in land. The licensee is there by permission |
| Why is the difference between a lease and a license important? | 1. legislation only gives protection to a leasee 2. a purchaser is only bound by a lease |
| How do landlords try to prevent a lease? | By destroying one of the 4 unities such as making shared tenants sign separate documents destroying the unity of title |
| 2 Key cases on form not wording? | Antoniades v villiers AG securities v vaughan |
| What was Antoniades v villiers about? | a clause which stated the licensor was unwilling to give exclusive possession and was able to install other 'licencees' was held a sham |
| why was Antoniades v villiers declared a sham? | 1. the occupiers were a couple who had asked for a double bed making it unrealistic they intended to share with another 2. the accomodation was a small 1 bed flat 3. the clause allowed the landlord to install unlimited others 4. the clause was never exercised |
| Why was AG Securities v Vaughan not a sham? | Each had signed a seperate agreement that allowed 3 others to be installed - reasonable in a 4 bed house That clause was actually exercised indicating it was not a pretence The occupants were strangers indicating a willingness to share |
| What are common covenants to see in a lease? | - to pay rent and to review rent payable - to repair - can fall to either landlord or tenant or both - to insure the property - User - i.e. to only use the property as a dwelling not a shop - not to assign or sublet - either absolute of qualified |
| Where the covenant is qualified, s19(1)(a) Landlord and Tenant Act 1927 provides ... | that consent is not to be unreasonably withheld |
| What happens if consent is required but isnt asked for? | the disposition is still valid but the landlord will be entitled to a remedy for breach of covenant unless withholding of consent was unreasonable - Peabody Donation Fund |
| s1 Landlord and Tenant Act 1988 which gives more protection to the tenant states.... | the landlord must reply to the tenant's request for consent within a reasonable time |
| There are covenants implied by caselaw such as... | -Covenant for quiet enjoyment -fitness for human consumption -implied repairing obligations |
| examples of a breach of quiet enjoyment include... | -erecting scaffolding prevent a tenents access -removing windows and doors -cutting off gas -throwing belongings into garden |
| Fitness for human consumption | if a house is let furnished there is an implied condition that it must be fit for human habitation at the start of the term - Smith v Marrable |
| Whats does s.11 Landlord and Tenant Act state? | in the case of a lease of a dwellinghouse for less than 7 years a covenant by the landlord is implied |
| What are the s.11 LTA implied covenants? | 1. to keep the structure and exterior in repair (s11(1)(a) 2. to keep the installations for the supply of water, gas and electricity and sanitation in repair and proper working order (s11(1)(b)) 3. to keep the installations for space heating and heating water in repair and proper working order (s11(1)(c)) |
| can the landlord contract out of the s.11 LTA implied obligations? | Nope, not even by including an express repair covenant towards the tenant - s.11(4) |
| Which case extended that implied liability as a matter of necessity to 'common areas'? | Liverpool City Council v Irwin |
| What are the tenants implied covenants? | - to pay rates and other taxes -the doctrine of waste -to allow the landlord entry |
| what is the doctrine of waste? | 1. in a fixed term lease T must maintain property in same condition as he found them 2. In a yearly tenancy to keep the premises wind and water tight, fair wear and tear excepted 3. weekly and monthly tenancy T is liable of voluntary waste (causing damage) but not permissive waste (failing to repair damage not caused by T) |
| The doctrine of waste was extended to state the tenant of any term lease must act 'in a tenant like manner'? | Warren v Keen |
| When do 'The Usual Covenants' apply? | when the lease is preceded by a contract it is an implied term of the contract that the lease will contain the usual covennts |
| what are the landlords usual covenants? | -quiet enjoyment -non-derogation from grant (frustrating the use) |
| what are the tenants usual covenants? | -to pay rent -to pay rates and taxes on the property -to keep the premises in repair -to allow the landlord reasonable access |
| What is the key statute for the enforcement of leasehold covenants? | Landlord and Tenant (Covenants) Act 1995 |
| What is the date that marks the old and new systems? | 1 January 1996 |
| Old regime | -privity of contract - either party can enforce for the duration of the lease. |
| Privity of contract under old leases | Original parties are always liable where they have subsequently assigned the lease and it doesn't matter how many times the lease is assigned. |
| a subsequent current landlord has the benefit of the covenant so long as... | they have reference to the subject matter of the grant - s.141 LPA. The same applies to the burden |
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