Leasehold Flashcards
Lease for ‘the duration of the war’ failed for want of certainty of term
Lace v Chandler
Tenancy until land required for road, giving 6 months notice was not certain (but periodic tenancy arose)
Prudential Assurance v London Residuary Board
Periodic tenancy (periodically renewed until notice served)
Created:
- expressly
- impliedly by reference to rent (Prudential Assurance v LRB) - how is rent calculated (rather than paid)
Yearly rent of £10,000 to be paid quarterly = yearly periodic tenancy
Ladies Hosiery and Underwear v Parker
Leases over 7 years - formalities
Created by deed - s52(1) LPA; s1 LPMPA
Registered - s27(2)(b)(i) LRA 2002 (registered land)
- s4(1)(c) LRA (unregistered land but does not trigger registration of freehold)
Leases exceeding 3 years but less than 7
Created by deed - s52 LPA; s1 LPMPA
No registration required (overriding leases - Sch 1 Para 1; Sch 3 Para 1 LRA
Leases not exceeding 3 years
No formal requirements
Need not be in writing - s54(2) LPA - if less than 3 years, takes effect in possession, at the best rent reasonably obtainable and no fine payable for grant
If s54 not complied with, grant must be by deed
No registration - Sch 1/3 Para1 LRA
Includes periodic tenancies so long as each period is less than 3 years
Short leases must be at the best rent reasonably obtainable = market rent
Fitzkriston v Panayi
No intention to create legal relations = no tenancy will be found
Javad v Aqil
Formalities for assignment of a legal lease
- by deed (regardless of length of lease)
- if lease is registered, assignment must be registered - s27(2)(a) LRA
- if unregistered lease, but has more than 7 years left to run on date of assignment, triggers compulsory registration of leasehold - s4(1)(a) and s4(2)(b) LRA
Equitable leases
May arises where a contract to grant a lease or agreement complying with s2 LPMPA
May arise where person granting lease only holds an equitable lease - s2 LPMPA
Protection of equitable lease
Must enter notice on charges register of registered freehold title - s32 LRA
Unregistered land - must register a C(iv) land charge on the Land Charges Registry - s2(4)(iv) LCA 1972
Assignment of an equitable lease
must comply with s53(1)(c) LPA - in writing signed by grantor
Where there is a conflict between equity and common law, equity prevails
Walsh v Lonsdale
For equitable lease, specific performance must be available
Clean hands - Coatsworth v Johnson - SP refused for failure to pay rent
