Estates Flashcards
(33 cards)
What are the requirements of a lease and where do they come from?
Lord Templeman’s Hallmarks from Street v Mountford:
1. Exclusive possession
2. Certain term
3. Rent
Which cases can be twinned when looking at sham terms (+ street)
Aslan v Murphy
Crancour
What was the decision in Aslan v Murphy?
The retention of keys did not mean that there was no exclusive possession. It was a sham, attempting to prevent protections under the Rents Act.
What was the judgement in Crancour
Lord Nichols:
unrealistic clauses will not be enforced. emphasis on the ‘reasonableness’ of the term.
Which cases can be twinned when looking at the nature of an agreement?
Westminster CC
Stewart
What was the decision in Westminster CC?
Exclusive possession would defeat the purpose of the type of agreement (social housing) and so it could not be enforced
What was the decision in Stewart
Charities can structure agreements to avoid leases, where it is not within their purpose
What case looks as separate agreements?
AG Securities v Vaughan - 4 separate licenses did not create a lease because there was no exclusive possession
What cases can be twinned when looking at the intentions of the parties?
Street v Mountford
Aslan v Murphy
What was the decision in Aslan v Murphy?
Intention of the parties was to create a lease with the landlord adding a sham
What academic commentary can be use in exclusive possession?
Pawlowski:
Exclusive possession is to ‘keep strangers and landlords out’
It is the only indicator of a lease > license.
What does Errington v Errington say?
Licenses do not bind successors
What is a Bruton lease?
Exclusive possession, certain term and rent can create a lease, even where it is being carved out of a license. It is a sub-lease.
Lord Hobhouse says that an estate in land is not an essential element of a lease.
What case can be used in conjunction with Bruton?
Kay v Lambeth
Bruton leases aren’t enforceable against the main estate holders. They aren’t binding leases.
What’s the relevant academic commentary for Bruton leases?
Pawlowksi
Bruton creates uncertainty which indicates we need a new and simple system.
Bruton creates a ‘hybrid tenancy’ which only binds the immediate landlord.
Harwood
Bruton leases would be unenforceable against a stranger.
What are the twinned cases essential for certainty of term?
Prudential Assurance
Lace v Chantler
What was the decision in Prudential Assurance
leases must be for a determinable term.
What was the decision in Lace v Chantler
uncertain term = no lease ‘for the duration of the war’.
Which cases can be twinned when looking at lease for life’s?
Berrisford v Mexfield
Skipton Building Society
What was the decision in Skipton Building Society?
attempted lease for life’s can also be converted
What was the judgement in Berrisford v Mexfield?
uncertainty can be converted into a lease for life under s.149(6) of the LPA.
Lord Neuberger argues that this protects vulnerable tenants.
Which case demonstrates the crossover between intention and lease for life’s?
Southward Housing v Walker - conversion into lease for life’s can be supported by the intentions of the parties e.g. social housing cannot have that intention
What’s the key case for periodic tenancies?
Javad v Aqil - there is no periodic lease without intention.
Although one wasn’t found in this case, it did affirm the presence of periodic tenanciesW
What academic commentary is relevant for certainty of term?
Bright - leases must have a beginning, middle and end. This argues with Lord Neuberger that lease for life’s can save leases when there is uncertainty of term.
Birks - time is essential in land law for certain term
Sparkes - periodic terms contradict with the certainty of terms rule
