Land Law Flashcards
(16 cards)
Effect of a joint tenant’s death on ownership?
Survivors take all by right of survivorship.
Will is irrelevant.
Death does not sever the joint tenancy.
Deceased’s heirs (e.g., sister) get nothing.
When is a lender not entitled to sell a mortgaged property without liability?
Under the Law of Property Act 1925, the power of sale must arise before it can be exercised.
If a borrower makes no payments at all, the lender must still comply with statutory requirements (e.g., serving a valid notice under s.103).
If the lender sells without meeting these conditions, they are liable to the borrower.
No court order is needed if statutory conditions are met — but failing to meet them makes the sale invalid.
What is forfeiture in the context of leases?
Forfeiture is the landlord’s right to terminate a lease early if the tenant breaches a condition (e.g., non-payment of rent).
What is relief from forfeiture?
Relief is a discretionary court remedy that allows a tenant to recover possession after a lease is forfeited, usually by remedying the breach (e.g., paying arrears and costs).
When can a tenant get relief from forfeiture for non-payment of rent?
Tenant must pay all arrears and the landlord’s legal costs.
The application for relief must be made promptly.
Does a landlord need to serve a Section 146 notice before forfeiting a lease for non-payment of rent?
A Section 146 notice is not required for non-payment of rent.
Can a tenant be granted relief from forfeiture more than once during a lease?
Yes.
There is no limit to the number of times a tenant can be granted relief, provided they satisfy the criteria each time.
When must the tenant apply for relief from forfeiture?
The tenant must apply promptly after forfeiture.
Courts are more likely to grant relief if there’s no significant delay.
What does the Landlord and Tenant (Covenants) Act 1995 mainly do?
It releases the original tenant from lease covenants when they validly assign the lease, unless they enter into an Authorised Guarantee Agreement (AGA).
What happens to the tenant’s lease obligations after assigning their lease under the 1995 Act?
The original tenant is automatically released from liability under the tenant covenants unless they have signed an AGA.
Is a former assignee (the “friend”) liable for lease covenants after assigning the lease again?
No.
The friend (former assignee) is released from the tenant covenants upon validly assigning the lease, unless they had an AGA.
If a lease has been assigned twice, who is liable for new breaches (e.g., damage to a window)?
The current tenant (third party) is liable — not the original tenant or the friend.
What is an AGA in lease law?
An Authorised Guarantee Agreement (AGA) is a promise by the outgoing tenant to guarantee the incoming tenant’s performance of lease obligations after assignment.
Under old lease rules, who remains liable after an assignment?
Yes- The original tenant (T) stays liable (privity of contract continues).
✅ The current tenant (assignee — B) is liable (privity of estate).
❌ A former assignee (A) is not liable after assigning.
What is “privity of contract” and “privity of estate” under old lease law?
Privity of contract: binds the original tenant for the full lease term.
Privity of estate: binds whoever currently holds the lease.
