leases Flashcards
(4 cards)
Leases
statutory def - LPA 1925 s 205
A lease gives you sole possession (the ability to exclude the world at large) and a contract, a licence gives you far less rights. A licence offers no legal interest in the land, is not transferable, nor enforceable against 3rd parties essential characteristics
street v mountford 1985
- exclusive possession
- for a term
- at a rent
- exclusive possession - tenant has the right to shut out the world including the landlord
aslan v Murphy 1990- sham clauses disregarded
- even if other conditions(hours) are written into the agreement - tenant overrulles
somma v hazlehurst 1978
- licensee as the agreements wording included the clause about potential sharing was accepted at face value
national car parks ltd v trinity development 2001
FOR A TERM AT A RENT
certain term
lace v chantler 1994
- A lease must be granted for a fixed term or a term that is certain from the outset. no open ended
rent
Lord templann at odd with s205 xxvii LPA 1925- states a rent is not necessary
exceptional cases
- LORD TEMP recognises exceptional situatuins whwere exclusive possession but agreement is licence
1. family related circumstances, acts of generosity, charity or friendship where there is no intent to create legal realtions Cobb v Lane 1952
2. service occupancies
3. no power to grant a tenancy
bruton v London and Quadrant Housing trust 2000
landlords ovenants
lease terms are covenants
they include obligations of both freeholder and leaseholder
landlord covenants
- can be express or implied
quiet enjoyment
- lavender v betts 1942
landlord must not do anything that substantially interferes with tenants title or possession
- Southwark LBC V mills 2001
non-derogation from grant: landlord cannot give with one hand and take with the other
Harmer v Jumbil Tin Areas Ltd 1921
liability to repair
- Fitness for Habitation : Sarson v Roberts [1895] ; Homes (Fitness for Human Habitation Act) 2018
maintenance of common parts
- liverpool city council v Irwin 1977
- O’Brien v Robinson 1973- landlord can only be held responsible if he knows of the need of repair or he has information about the existence of a defect that would put him on notice as to whether repairs are needed
To what standard should the repairs be maintaned
Ravenseft and davestoe 1979
remedies for breach of covenant to repair
leeparker and izzet 1971
tenants covenants
rent
repair-must use property in responsible manne
waste-keeping the property it was at the start warren v keen 1953
assignment or subletting
covenants against assigning,subletting and parting with obssession
- leases can be assigned
- landlord consent
- when is consent unreasonably withheld
the internation drilling case 1985
- landlords cannot withhold consnet for wholly extraneous grounds to the landlord/tenant relationship
how does assignment work?
- governed by landlord and tenant act 1995 for leases granted on or after 1 jan 1996
damages for brech of tenant covenants
here are various things a landlord can do if the tenant
breaches a covenant, including:
Damages
Specific performance
Forfeiture. This brings the lease to an end and the landlord can
re-enter the property
Central Estates v Woolgar 1972 It does not matter who intended
what – the test is what a reasonable onlooker would think – the
reasonable onlooker would always think a rent demand as indicating
the landlord intends the lease to continue
Formality for forfeiture
S146 LPA 1925 governs. Four stages required by the section
for forfeiture by court proceedings:
1. Landlord must specify to current tenant the particular
breach. Warning notice must be carefully drafted
2. Tenant required to remedy breach if breach is capable of
remedy.
3. Assuming breach not remedied, landlord can issue claim
demanding forfeiture
4. At court, tenant can admit breach but beg the court for relief
– most likely to succeed where breach has been put right
