Burn into brain

Question 1

What remedy is available to a landlord for breach of covenant under an old lease (granted before 1 January 1996)?

Answer 1

Under an old lease (pre-1 January 1996), the original tenant remains liable for lease covenants throughout the term due to privity of contract.
Remedies for breach include:

Damages (for loss caused by the breach)

Forfeiture (if the lease contains a forfeiture clause and the breach is sufficiently serious)

Injunction (for continuing breaches, e.g. nuisance or alterations)

Specific performance (in rare cases, requiring positive covenant performance)

The landlord can sue the original tenant or any assignee with privity of estate (i.e. the current tenant for continuing covenants).

Question 2

What makes an express easement (granted forever by deed) bind a new owner of registered land?

Answer 2

Must be registered.
If not regsistered, then cannot bind.

Question 3

What are the formalities for a legal fixed term lease not exceeding 3 years? [parol]

Answer 3

It takes immediate effect in possession

It is granted at best rent reasonably obtainable

No premium is paid

If all are satisfied, the lease is valid as a legal parol lease.
If a premium is paid, the lease falls outside this exception and is not legal.

Question 4

What are the formalities for a legal lease exceeding 3 years?

Answer 4

Deed
Registered IF OVER 7.

Question 5

What are the formalities for an equitable lease?

Answer 5

An equitable lease must comply with s2 LP(MP)A 1989:

Be in writing

Contain all agreed terms

Be signed by BOTH parties.
If one party (e.g. landlord) doesn’t sign, it is not valid as an equitable lease.

Question 6

What is the occupier’s status if legal and equitable lease formalities are not met?

Answer 6

LICENSE

Question 7

How is an option [estate contract’] protected in registered land?

Answer 7

notice in the charges register