Lease & License

Question 1

Give definition of lease

Answer 1

Agreement between landlord and tenant
It’s contractual document - which means it’s recognised in courts

For lease to exist there must be exclusive possession . Even if it’s called license court will see it as lease
If occupier doesn’t have exclusive possession it’s not lease

Question 2

Key elements of lease

Answer 2

Lease gives tenant exclusive possession
Rent is charged
Lease or tenancy has fixed time

Question 3

Definition of licence

Answer 3

When properly owner allows someone to live at property without exclusive possession
Lodgers can’t exclude others from property

Question 4

Example of person being licensee

Answer 4

Employee 
Someone renting spare room 
Au pair
Cohabiting partner 
Someone who has owners permission to stay at the property

Question 5

When tenancy have to be created by deed

Answer 5

When is longer than three years

Question 6

How to property execute deed

Answer 6

Signed in presence of witness 
Delivered as deed by signatory 
It has be executed as deed 
Document must state ids a deed
This us requirement under law of property act 1925

Question 7

WhT are tenants implied terms

Answer 7

Pay rent
Use property in tenant like manner

Both come from common law

Question 8

What are landlords implied terms

Answer 8

Keep property in repair

This comes from statue law - landlord and tenant 1985 act
The home act 2018- fitness for human habitation

Allow tenants quiet enjoyment

Question 9

Payment in lease can be in smithed form than just money

Answer 9

Rent must be charged