Landlord and Tenant

Question 1

Lace v Chantler

Answer 1

Certainty of duration - the maximum duration of the lease must be specified

Question 2

Street v Mountford

Answer 2

Exclusive possession - required by lease. Superficial labels are irrelevant; courts are willing to look behind the labels used to identify the agreement

Question 3

Ashburn Anstalt v Arnold

Answer 3

Rent - is not required for creating a tenancy

Question 4

Javad v Mohammed Aqil

Answer 4

Periodic tenancy - can be created from cyclical payments of rent

Question 5

Hammersmith and Fulham LBC v Monk

Answer 5

For a joint (periodic) tenancy, one tenant could end it without the other’s consent. It suffices for one tenant to give notice to quit, permission from both is not necessary. In fact, the continuation of a joint tenancy requires all joint tenants to desire its continuation. By refraining to give notice to quit, the parties signify the necessary assent to the extension of the term.

Question 6

Barrett v Morgan

Answer 6

Effluxion of time - A lease or tenancy for a fixed term ends by effluxion of time (expiration) on the date fixed for its termination

Question 7

Dreamgate Properties Ltd v Arnot

Answer 7

Notice to quit - can terminate a periodic tenancy

Question 8

Para 1 Schedule 3 LRA 2002

Answer 8

Unregistered interests which override registered dispositions include leasehold estates in land (not exceeding 7 years / social housing tenancies)

Question 9

s.71 LRA 2002

Answer 9

Duty to disclose unregistered interests - falling under Schedule 3

Question 10

Aslan v Murphy

Answer 10

Retention of keys - A landlord’s retention of keys does not in itself preclude the occupier from enjoying exclusive possession, but the court should examine the reason(s) why. If it is retained for emergencies, meter readings and repairs, then tenancy. But if for services such as daily cleaning, then license.

Question 11

Crancour v Da Silvaesa

Answer 11

Cleaning services provided by landlord denies exclusive possession - Landlord retained an absolute right to enter at any time and provided cleaning services, but occupants argued that the agreements created a tenancy. The court held that the agreements were licenses not leases.

Question 12

Marcroft Wagons Ltd v Smith

Answer 12

No ITCLR - Landowner allowed a deceased tenant’s daughter to remain in occupation of a house, but refused to grant her a lease as they wanted it for an employee. The daughter paid a fee in return for this occupation. She claimed that her exclusive possession meant that she had a lease. CoA held that there was no lease.

Question 13

Winter Garden Theatre v Millennium Productions

Answer 13

A contractual licence can be terminated any time with reasonable notice. Licences without consideration are revocable any time.

Question 14

Overriding interest

Answer 14

The general rule in registered conveyancing is that all interests and rights over a piece of land have to be written on the register entry for that land. Otherwise, when anyone buys that piece of land, the interests will not apply to the purchaser, and the rights will be lost. Overriding interests are the exception to this general rule. Overriding interests need not be registered to bind any new owner. They are interests which a registered title is subject, even though they do not appear in the register. They are binding on the registered proprietor and on a person who acquires an interest in the property.