Essential characteristics of a lease

Question 1

Exclusive possession

Answer 1

Any express reservation of rights to the landlord to enter and view the premises for the purposes of repair emphasises the fact that the occupier is entitled to exclusive possession of the premises.

Question 2

Exclusive possession - Where there will not be a tenancy despite the occupier having exclusive possession

Answer 2

1) Where the parties clearly do not intend to enter into legal relationships at all
2) No relationship of landlord and tenant is created where occupation is required in connection with services provided or duties owed by the tenant to the landlord for example pursuant to a contract of employment or the holding of an office
3) No tenancy will be created if the relationship between the parties is that of vendor and purchaser and occupancy takes place under a contract for the sale of the land
4) If the owner has no power to grant a tenancy

Question 3

Certainty of duration

Answer 3

It must be for a term. This can be for a fixed period of time either expressed or implied by a regular payment of rent. For there to be certainty of duration the date of commencement of the lease must be known to both parties at the start. A lease granted for an uncertain period of time is not a term certain and therefore not an estate in land.

Question 4

Need for rent

Answer 4

Lack of rent does not prevent a tenancy from existing but it may have a bearing when determining whether it was the intention of the parties to grant a tenancy.