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UNI > leasehold > Flashcards

leasehold Flashcards

1
Q

question about nature of interest

A
  • a lease is one of the 2 legal estates capable of subsisting at law
  • essential characteristics for a lease
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2
Q

essential characteristics for a lease

A
  • exclusive possession- street v mountford
  • certainty of duration- lace v chandler
  • formalities- need a deed (s52(1) LPA, deed needs to satisfy requirements in s1 LPMPA 89 (witnesses, and deed on face of it)
  • or equitable lease- s2 LPMPA (signed, in writing, incorporate all terms)
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3
Q

street v mount ford

A

intended to make a license but was a lease because of exclusive possession

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4
Q

lace v chandler

A
  • for the period of the war wasnt a lease because no certainty of duration
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5
Q

question about rent arrears- new lease

A
  • mention it is a new lease- before 1st jan 1996, when LTCA 95 came into force
  • s5 LTCA
  • S16 LTCA
  • S17 LTCA
  • OR S3 LTCA
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6
Q

S5 LTCA

A
  • automatically releases the outgoing tenant from liability for breaches of Cov after assignment of lease so prima facie, outgoing T is not liable
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7
Q

s16 LTCA

A
  • but may be liable as a guarantor if an AGA was entered in to with the landlord on assignment of the lease
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8
Q

s17 LTCA

A
  • if action is taken against a former tenant, S17 LTCA applies as rent is a “fixed charge”
  • notice must be served by L on T
  • max 6 months arrears can be claimed
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9
Q

or s3 LTCA

A
  • automatic transmission of ben and burd of covs- so landlord can go after assignee
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10
Q

question about rent arrears- old lease

A
  • mention it is an old lease (pre 1st jan 96)
  • privity of contract between L and T
  • that and the effect of s79 LPA means T continues to be liable for breach of Cov
  • moule v garrett
  • s77 LPA
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11
Q

moule v garrett

A
  • t can claim indemnity directly from assignee under this rule but it is unlikely to be successful as they are probs in financial difficulties
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12
Q

s77 LPA

A
  • t can also claim against the person who assigned to the final assignee under the implied statutory indemnity
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13
Q

privity of estate

A
  • landlord can sue the assignee directly
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14
Q

question about refusing consent for assignment

A
  • nature of alienation covenant- probs gonna be qualified- meaning it can only be assigned with the landlords consent
  • s19(1) LTA 27
  • if it is a new lease and a commercial lease
  • is refusal of consent reasonable?
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15
Q

s19(1) LTA

A
  • notwithstanding an agreement to the contrary, consent cannot be unreasonably withheld
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16
Q

new and commercial lease

A
  • may be circs in which consent to assignment may be withheld and/or conditions to which consent to an assignment may be made which will not be subject to the statutory reasonableness test (s22 LTCA)
  • if an AGA needs to be provided for consent then that would fall within the exception
17
Q

is refusal of consent reasonable?

A
  • international drilling fluids
  • ashworth Frazer ltd
18
Q

international drilling fluids

A
  • purpose of qualified Cov is to protect L from having property used in an undesirable way or have an undesirable tenant
  • not entitled to refuse on grounds with nothing to do with L/T relationship
  • can refuse on the grounds of the purpose A will use the property for, even if its not forbidden in the lease
19
Q

ashworth Frazer ltd

A
  • whether or not consent has been reasonably withheld is a question of fact in each case
20
Q

remedies for non-payment of rent

A
  • l can sue for debt subject to limitation period
  • if new lease- aga- can go against guarantor- good option if assignee doesnt have the money- s17 LTCA- cant get more than 6 months rent- mention rent is a fixed charge
  • for commercial properties
  • forfeiture (same as other Cov breaches)
21
Q

commercial properties non payment

A
  • only available against t in possession
  • min 7 days rent arrears, min 7 days notice of intention to recover
  • notice must be served by authorised enforcement agent
  • but by giving notice it gives T time to remove goods so can be ineffective
22
Q

remedies for breach of Cov?- not rent

A
  • remedy of forfeiture- effect is to bring lease to an end
  • for it to be available a provision must be expressly included in the lease
  • process- necessary to make a formal demand between sunrise and sunset
23
Q

s146 LPA- breach of Cov other than rent

A
  • notice specifying breach
  • requiring breach to be rectified within a reasonable time
  • setting out compensation (if desired)
24
Q

is the breach remediable ?

A
  • expert clothing
  • savva v houssein
  • scala v Forbes
25
Q

expert clothing

A
  • can the harm done be remedied by compliance together with compensation?
26
Q

savva v houssein

A
  • breaches of restrictive covs may be capable of remedy
27
Q

scala v Forbes

A
  • breaches of assignment covs are not capable of remedy
28
Q

central estates v woolgar

A

t convicted of running a brothel
l learnt of this and wanted to end the lease but a clerk wasnt aware of this and sent out a rent demand
so held that l had waived the breach

29
Q

remedies if the breach isn’t remediable

A
  • can reenter by peaceable reentry
  • or court order (the advisable option)
  • cant reenter if part/wholly a dwelling
  • can also get an injunction (equitable remedy)

UNI (14 decks)

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