Leases 2 Flashcards
(19 cards)
exclusive possession- leases
The right to exclude all others from the land, including the landlord. It is a key indicator of a lease
Why is intention important in determining whether there is a lease or a licence?
the parties’ intention to grant exclusive possession for a term at rent suggests a lease, even if the document labels it a licence (Street v Mountford).
Lord Templeman say in Street v Mountford about the parties’ labels
“Parties cannot alter the effect of an agreement by insisting that they only created a licence.”
significance of Aslan v Murphy [1990]?
A landlord cannot disguise a lease as a licence by creating a sham agreement.
principle established in AG Securities v Vaughan [1990]?
Multiple occupiers may not have exclusive possession jointly unless they have a joint tenancy.
How did Westminster CC v Clarke [1992] limit exclusive possession?
No exclusive possession exists if it defeats the purpose of temporary accommodation agreements.
What happened in Berrisford v Mexfield Housing Co-op [2011]?
A vague monthly tenancy became a 90-year lease via LPA 1925 s149 when Mexfield could not determine the lease except in limited circumstances.
the legal reasoning in Berrisford for creating a 90-year lease?
Courts converted a tenancy “for as long as rent is paid” into a lease for life (Zimbler v Abrahams), then into a 90-year lease via s149 LPA 1925.
How was Mexfield distinguished in Southward Housing Co-op v Walker [2016]?
No lease was found because there was no intention to create a lease for life; instead, the agreement was a contractual licence.
“Bruton lease”? (Bruton v London & Quadrant [1999])
A lease that arises from exclusive possession even if the landlord only has a licence — it is contractual and not proprietary.
limitation Kay v Lambeth [2006] placed on Bruton leases?
Bruton leases are not enforceable against the freeholder (e.g., Lambeth Council) — only against the immediate licensor.
requirement for a legal lease under formalities rules?
A deed is required unless the lease is for 3 years or less (LPA 1925, s52 & s54).
a lease doesn’t meet formalities but there is a valid agreement
An equitable lease may arise (Walsh v Lonsdale [1882]).
protection s11 Landlord and Tenant Act 1985 provides
Imposes a statutory duty on landlords to repair leases (not licences).
effect of statutory intervention in leases?
Provides tenants protections like repair duties, fair rent, and deposit safeguards (e.g. Rent Acts, Housing Acts, Localism Act).
quiet enjoyment
It guarantees freedom from interference, not literal quiet. Southwark LBC v Mills [1999]
legal estates under LPA 1925 s1(1)?
(a) Fee simple absolute in possession; (b) Term of years absolute.
legal interests under LPA 1925 s1(2)?
easements, rentcharges, legal mortgages, and rights of entry.
rights that do not qualify as legal under LPA 1925?
They take effect as equitable interests (s1(3)).
