Final push

Question 1

What cases demonstrate the impact of TOLATA?

Answer 1

Shaire - the court used a condition to allow the spouses to come to an agreement and stay in the home.
Lord Neuberger argues that section 15 gives more discretion.
Edwards v Lloyds - children’s rights were considered which safeguarded their relationship to the property.

Question 2

Which cases show how creditors are still prioritised under TOLATA?

Answer 2

The ruling in Re Citro and Re Holliday.
Sales were forced through to release the assets to the bank.
Insolvency Act 1986 also relevant.

Question 3

What is in the problem question intro?

Answer 3

• Birks conceptualisation of a lease
• leases being akin to contract = realty > personalty (Harwood)
• Licenses are revocable (Thomas v Sorrell)
• licenses aren’t binding on successors (Errington v Errington)
• Templeman hallmarks

Question 4

What’s in the essay introduction

Answer 4

• The old position under section 30 of the LPA
• The driving forces for change including the Law Commission 1981
• The new position (TOLATA, Insolvency Act and Trustees Act)

Question 5

What should be in a Bruton acknowledgement?

Answer 5

Acknowledge that Bruton ‘hybrid tenancies’ can exist (Pawlowski) because an estate in land is not needed for a lease (Lord Hobhouse).
However they are not binding on the estate owner (Kay v Lambeth) or strangers (Harwood).

Question 6

What should be in a rent paragraph?

Answer 6

Ashburn Ansalt v Arnold - rent is not needed and can be peppercorn.
Backstack v Bryant - bills are not = rent. Fox LJ’s judgement said that Templeman did not mean no rent = no lease and that EP and CT are more important.