Granting a Lease

Question 1

If lease is less than 7 years + freehold title is registered, must you register?

Answer 1

No - it is an overriding interest

Question 2

If lease is less than 7 years + freehold title is unregistered, how do you protect tenant?

Answer 2

Tenant should be in actual occupation of property

Question 3

If lease is more than 7 years + freehold title is unregistered, how do you protect tenant?

Answer 3

First Registration within 2 months of completion

Question 4

If lease is more than 7 years + freehold title is registered, how do you protect tenant?

Answer 4

Register title in its own name within 2 months

Question 5

Can landlord withold consent in assign/underletting?

Answer 5

Yes but not unreasonably

Question 6

Can landlord withold consent in alterations?

Answer 6

Yes but not unreasonably

Question 7

Can landlord withold consent in repairs?

Answer 7

Yes but cannot be conditional on charging higher rent

Question 8

Absolute leasehold title

Answer 8

• lease is valid
• tenant has right to grant it + protected
• no hidden problems

Question 9

Qualified leasehold title

Answer 9

known legal defect

Question 10

Good leasehold title

Answer 10

Lease is valid but landlord’s title hasn’t been fully proved (could have a defect later revealed)

Question 11

Possessory leasehold title

Answer 11

no title deeds exist but the tenant is in occupation
* someone else with right to possess can take it

Question 12

What is assigning a lease?

Answer 12

Transfer your interest to someone else

Question 13

What is underletting a lease?

Answer 13

Create a new lease out of your lease

Question 14

Can landlord withold consent in change of use?

Answer 14

Yes (no upgrade to fully qualified cov)

Question 15

If lease contains absolute covenant against alterations (cannot do it) what is statutory procedure?

Answer 15

1. Tenant serve notice of intention to carry out alterations to landlord
2. landlord has 3 months to object
3. landlord objects –> go to court, court will give permission if:
   * Adds to letting value of property
   * adds to property charcacter
   * does not reduce property value
4. Landlord accepts –> go ahead with works (landlord may offer to conduct work in return for higher rent)

Question 16

Covenant on change of use , what are implication for landlord consent

Answer 16

If landlord gives consent, cannot be in return for premium or increased rent unless involves structural alteration too

Question 17

Who is liable for repair of insured risk?

Answer 17

Landlord (recover money from repaur