Leases and life rent Flashcards Preview

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Flashcards in Leases and life rent Deck (19):
1

What are the four cardinal elements of a valid lease

Parties
Property
Rent (may fix market rent if possession has been taken)
Duration (will imply a year if possession has been taken)

2

When does a lease require writing

When the duration is over a year
ROW(S)A s1(2b) leases over a year must be subscribed to by both parties

ROW(S)A s1(7) leases one year or less don't require writing
*landord still has obligation to provide tenant with terms of lease*

3

What is a lease

A contract where a lessor grants lesser right to use property in return for a periodical payment known as rent

4

What's the external act for leases

Under 20 years- possession
Over 20 years- registration in Land Register

5

What's the conveyance for leases

Delivery of lease document or keys

6

How can leases be enforced

Usual private law remedies- specific implement, interdict, action for payment, damages

Landlords hypothec

Withholding rent

7

How can termination take place before the ish

With consent (deed of renunciation)

Recission (if breach goes to the root of the contract) see Law Regorm Scotland Act 1985 s4&5

Irritation- legal or conventional see Law Regorm Scotland Act 1985 s4&5

Frustration- unforeseen event making lease impossible with ie house burns down

Confusion- where tenant buys property as they can't be their own landlord-

Death (if delectus personae)

8

How can a lease be terminated

If the ish occurs
then one party must serve notice usually at least 40 days in advance
If no notice is served, tacit relocation occurs and the lease is continued for another year

9

What is a liferent

A right that one has to enjoy a subject during life without destroying or wasting its substance

10

Fee with liferent

Ownership of the house
Held by fiar




The isufruct is the person who gets the liferent

11

Can companies have LIFE rent

No only natural persons can hold a liferent
So not companies or charities
This is since they don't have a lifespan like people

12

What does liferent entitle you to

Possession and use for your lifetime

13

What obligations would life rent impose

Responsible for debts arising from use (or maintenance)
Must not harm the substance of the thing

14

What can a liferent be held in

1) has to be something enduring
Heritage, minerals
Corporeal moveables (but maybe only when connected to piece of heritage)
Whether you can have a liferent or corporeal moveables standing alone hasn't been decided

Also don't know about incorporeal property

15

How is a liferent created

Contract, conveyance, external act

Contract must be in writing as it grants a real right in heritage (rowsa)

Conveyance : written document
Deed of life rent - if granted
Disposition - if reserved
*either of these must be registered)
External act- registration

16

How are life rents enforced

Using the usual private law remedies

*But one case held that no way of enforcing it *

17

Termination of liferent

Death of life renter

Renunciation by life renter






Death of owner won't end life rent, nor will insolvency of owner or liferenter

18

Improper liferent

Looks like liferent

Ownership is held in trust. The effect is the trustee can only use it for the benefit of the beneficiary.

19

NON ESSENTIAL CASES W LIFE RENT DONT HAVE TO KNOW

Mcleods trs v mcleod
Fogo's judicial factor v fogo's trustees
Cochrane's executrix v Cochrane
Stronach's Executors v Robertson