Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Land Law > Leasehold > Flashcards

Leasehold Flashcards

(55 cards)

Start Studying
1
Q

Give background on leasehold

A

Only other estate recognised in land although rights are significantly less than that of a freehold.
Also another diff to freehold is that wills not usually made cuz person tends to outlive the lease
Land law tried to address imbalance of bargaining power between landlord and tenant so regulates it but also allows for contractual freedom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

State 2 legislation that define relationship between landlord and tenant

A

Section 3 of deasys act
Section 11(3) of LCLRA 2009

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Section 3 of deasys act

A

Relationship between landlord and tenant exists when a contract either expressed or implied has been entered into
Not upon tenure or service
Doesn’t provide for revisionary leases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Section 11(3) LCLRA 2009

A

Elaborated on defn in deasys act
Lease can be entered into at any time whether present or future
Can be revisionary
Can be entered into even if the term of lease is uncertain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Lessor v lessee

A

Owner of freehold leasing
Person benefiting from the lead hold estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Assignor/ assignee

A

Assignor - person in a lease that assigns it to someone else
Assignee- person being assigned the lease
Assignee pays rent to assignor who then pays it to lessor or pays it to lessor direct depending on circumstance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Sub-lessor/ sub-lessee

A

Person who is in a lease and leases someone under that- must be for duration less than actual lease

Person being sub-leased to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Headlessor/ headlessee

A

Freehold estate owner
Leasehold estate possessor- if lease is terminated sublease terminated cuz it’s dependent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Periodic tenancy

A

Tenancy that lasts for a defined period of time but automatically renews unless either party gives notice to terminate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Fixed term- tenancy

A

Tenancy for defined amount of time ie 6 months a year etc
No automatic renewal
Lease terminates when that period ends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Implied tenancy

A

Tenancy will be implied if there’s evidence of continuous possession/ exclusive possession and the payment of rent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Révisionary lease

A

Lease made for the future

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What legislation concerns the creation of a leasehold estaye in terms of formalities

A

Section 4 of deasys act
Exemption- section 9 of deasys act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Section 4 of deasys act

A

Provides that a less or less than a year does not have to be written or executed by deed, it can be oral
A lease that is more than a year or a fixed term lease must be in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Section 9 of deasys act

A

Leases that are assigned must be in writing regardless of whether they’re more than a year or not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Equity and contract for lease
State case

A

Doctrine of anticipation
Walsh v Lonsdale:
Equity anticipates creation of tenancy after contract has been signed
Not reliant on execution of deeds for equitable rights to be passed
Def cannot complain of agreement that would’ve been the same if deed was executed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What section concerns Walsh v Lonsdale

A

Section 51 of LCLRA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Section 51 of LCLRA

A

A contract for sale or purchase cannot be enforced unless in writing and consent by both parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Distinguish between a lease and license

A

License: looks like a lease but rights are weaker
License- personal right given for permission to do something
Lease- right of individual over property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Name cases that distinguish between lease and license and explain

A

Streets v mountford
- will be considered lease if:
Exclusive possession
Possession subject to rent

Irish cases commercial context:
Gaten motor v continental oil-
Lease was about to end and landlord refused to renew until a week after
Griffin j accepts that courts have to look beyond label of agreement.
Need to look at whole transaction as well and in this instance both intended to create a license for a week
Held: license

Irish shell v Costello
Petrol station
For lease:
Had keys
Monthly visits by representative of landlord
Inspection of equipment
All could be considered as restrictions on leasehold
Further:
Denial of Exclusive possession clause taken out
Paying of rent

Maternity hospital v Mc Gorman
Coffee shop in hospital
License

Smirh v Irish rail
Newsagent under Tara street
Lease

ESSO v 911 retail
Deli in garage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Paternalism v contractual freedom

A

Siadochan v o mahony
Leasehold of farm

Labelled as leasehold but :
No characteristic of leasehold
No paying of rent
Concerns of exercise or undue power over vulnerable party
License and not lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What’s a covenant?

A

A term of leasehold that’s fundamental for it not to be terminated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Types of covenant

Study These Flashcards
A

Express
Implies

24
Q

Express covenant

Study These Flashcards
A

Written in contract
Tenant- obligation to pay rent or utilities
Negotiated between landlord and tenant
Common law; there was absolute power of landlord to withhold consent
Needed to be changed

25
Which act changed express covenants
Section 66 of landlord tenant amendment act 1980
26
S66 of landlord and tenant act - applicable to commercial only
Provides that where person is trying to assign/ sublet etc and agreement says landlord has absolute power, it turns it into landlord has power to withhold subject to reasonableness Also for change of use/ alteration/ improvement to property
27
Reasonable withholding of consent State cases and explain
White v carlile trust- tailor wanting to be sweet shop Held: McWilliam J said onus is on tenant to prove landlord withholding unreasonably and threshjild very high- has to be arbitrary Green property v Shalaine modes- hardware store turning into pop up shop for Christmas OSH v green property- unit in shipping centre and dunnes goes there. No longer a lot of customers and wants to assign lease to financial company Landlord says no: too many already and window blockage ruins business Dunnes V Irish Life Assurance Wanted to go from retail to supermarket Landlord said no doesn’t match the modern changes they want Held: unreasonable; Didn’t consider benefits of diversity of stores Ulterior motive trying to get dunnes out
28
Which legislation concerns assigning subletting change of use for residential tenancies
Section 16 k- m of residential tenancies act 2004
29
Section 16 k- m of residential tenancies act 2004
Provides that landlord has an absolute power to withhold consent for assigning and subletting Power to withhold consent for change of use/ improvements etc subject to reasonableness Case law on reasonableness can only apply to change of use etc in residential setiring
30
Implied covenants for landlord
Quiet enjoyment State of premisis
31
Quiet enjoyment
Landlord can’t interfere with possession by leaseholder, ie constantly ringing them or coming unannounced
32
What legislation talks about quiet enjoyment
Section 41 of the deasys act
33
Section 41 of deasys act and state cases
Prohibits landlords interfering with the peaceable enjoyment of the tenant to the property O’Donnell v Ryan- not a positive duty but an obligation Kenny v preen through creation of leasehold right to possession conferred and right to peaceful enjoyment implied Whelan v Madigan- Breaching implied right of quiet enjoyment has to be a physical interference
34
State of premises Name rule and case
Common law rule states that furnished property has to be havitalble for tenant Siney v dublin CC Unit had water leaking and mold so compelled to leave and sued Held: landlord had an obligation to make sure property was habital for humans
35
What legislation provides implied covenants of landlords
Section 12 of residential tenancies act
36
Section 12 of residential tenancies act
Landlord has obligation to : 1. A duty to keep premises in good structural repair. 2. A duty to deal with any issues like dampness on an ongoing basis whilst the leasehold endures. 3. A duty to ensure that there’s a u=lity connec=on for all key u=li=es. 4. A duty to keep the property insured- no obligationon to insure contents. 5. A duty to pay back any deposit that a tenant provides on a reasonable basis.
37
What legislation concerns implied rights of tenants
Section 42 of deasys act Section 16 of residential tenancies act
38
Section 42 of deasys act
Duty for tentant to: Pay rent Maintain stability of property Leave peacefully when lease ende
39
Section 16 of residential tenancies act
Expanded deasys act Duty to: Not engage in antisocial behaviour Not damage property except wear and tear Pay rent Not assign/ sublease without written consent Not change use/ alter property without consent Alert landlord of any faults and allow landlord to fix them Notify of any change of occupants
40
Enforceability of leasehold covenants
The common law rule was that even if u assigned the lease, you’d still be bound by the covenants under that lease, ie. The landlord could demand that you pay rent Ireland was one of the fastest countries to amend this.
41
What legislation concerned the enforceability of leasehold covenants
Section 12 and 13 of deasys act Section 16 of deasys act
42
Section 12 and 13 of deasys act
If party’s to a leasehold estate change, covenants remain enforceable
43
Section 16 of deasys act
If someone assigns a lease- they are no longer bound/ liable for the lease covenants ie they’re discharging their obligations
44
What are the remedies for breach of covenant
Damages Forfeiture- only commercial Termination
45
Damages Name case
Attractive for when you want to address a breach of covenant but do not wish to end the lease. Parol v Friends pension Big supermarket in shopping centre wirh ‘stay open’ clause cuz if it was open ppl would come to all the other smaller stores. It closed and as a result all the other stores closed. Sued for loss of rent Held: claim successful- didn’t want to end lease just wanted to remedy the temporary breach of contract
46
Forfeiture
When a party breaches covenant, lease can be forfeited and lease ends
47
Legislation on forfeiture
Section 14(1) of the conveyancing act 1881
48
Section 14 of conveyancing act 1881
Party complaining of breach must Give notice of the breach to party in beach Specify the breach Request remedy apply for compensation This exists to allow party in breach the opportunity to remedy their action without forfeiting the lease
49
What are reliefs
Discretionary order by courts to deem that nothwithstanding the breach in covenant, forfeiture should still apply Makes landlords more active in notice period so tenant doesn’t seek relief Apply under 14(2) Does not apply to nonpayment of rent
50
Equitable reliefs
Non-payment of rent Common law: if non payment of rent and rent demanded and still no avail, apply to courts to get the lease forfeited Equity- look at fairness of forfeiting lease on basis of non-payment of rent on a case by case basis
51
Case on equitable relief
Whipp v makey- Equitable relief will usually be granted if the tenant shows that they can pay the overdue rent and pay any interest that is required to reflect the delay in payment. It’s a solu=on for a business that has a temporary cashflow problem and not for a business that has a fundamental inability to make rent.
52
Recovering possession of leasehold estate State cases
Sweeny v Powerscourt shopping centre- non-payment of rent and demanded and still no with no judicial order asserted that lease had been forfeited and in the night went and took repossession Held: okay cuz it was peaceful and notice was given BOI v Lady Lisa Same thing but sent letter entitled ‘order of re-entry’ saying that they got possession from that Courts said no could only happen if: Physical pwaceulf réoccupation Court order
53
Section 2 of non forcible entry
Prohibits non - forcible entry
54
What about residential tenants in regards to forfeiture
no - residential tenancies act prohibits forfeiture of residential leases
55
Termination

Land Law (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions