LEASES V LICENSES

Question 1

What distinguishes a lease from a license?

Answer 1

• Lease= gives an estate in land with exclusive possession
• License= mere permission to occupy without proprietary rights.

Question 2

Why is exclusive possession critical to a lease?

Answer 2

It gives the tenant enforceable rights against the world, including successors (Street v. Mountford [1985]).

Question 3

enforceability of licenses and leases?

Answer 3

Licenses are not binding on successors, but leases are binding on successors.

Question 4

lease can’t be disguised as a license with a sham agreement?

Answer 4

A: Aslan v. Murphy [1990].

Question 5

exclusive possession defines a lease, even with no formal agreement?

Answer 5

Street v. Mountford [1985].

Question 6

case that allowed reading separate agreements together to form a lease

Answer 6

AG Securities v. Vaughan [1988].

Question 7

case said giving exclusive possession may defeat the purpose of a hostel?

Answer 7

Westminster CC v. Clarke [1992].

Question 8

key case confirmed that a lease could be created even without the landlord owning the freehold- a lease is not temporary

Answer 8

Bruton v. London & Quadrant Housing Trust [1999].

Question 9

Is rent essential for the existence of a lease?

Answer 9

No, exclusive possession is essential.

Question 10

What must be present for a lease according to Lord Templeman in Street v. Mountford?

Answer 10

Rent
Certain terms
Exclusive possession (most important)