Ls

Question 1

What is the name of the original grantor of a lease?

Answer 1

Lessor. Landlord is used for successors in title.

Question 2

If someone creates a lease and still retains the freehold estate, he retains a freehold interest which is known as the…

Answer 2

…freehold reversion. That person is known as the reversioner.

Question 3

Lessee is the….

Answer 3

…tenant (the original grantee of the lease).

Question 4

If the person granting the sublease still retains a leasehold interest in the house, this is known as the ***

Answer 4

…leasehold reversion.

Question 5

The act of transferring the freehold reversion (selling it) is referred to as an ** of the freehold reversion.

Answer 5

…assignment

If a leasehold is sold to another, it is referred to as an assignment. The lease would be assigned. The person assigning is the assignor and the person being assigned to is the assignee.

Question 6

In Street v Mountford, Lord Templeman set out the hallmarks of a tenancy. What are they?

Answer 6

They are the grant of exclusive possession for a definitive term at a rent.

Question 7

Any express reservation of rights to the landlord to enter and view the premises for the purposes of repair emphasises the fact that the occupier is entitled to…

Answer 7

….exclusive possession of the premises.

Question 8

where the landlord provides attendance or services which require the landlord or his agents to have unrestricted access to the premises, there will not be …

Answer 8

….exclusive possession.

Question 9

Why was the agreement in AG Securities v Vaughan a licence?

Answer 9

• the agreements were independent of each other and did not confer a right of exclusive possession on any one party.
• The agreements had different dates and referred to different rents.
• The bedrooms were occupied on a rolling basis by incoming occupiers.

The parties did not enjoy exclusive possession of the flat jointly under the terms of their agreements. As a result, the occupants only had licence agreements. A flat comprising four bedrooms, a lounge, a sitting-room, and kitchen and bathroom.

Question 10

Why was the agreement in Antoniades v Villiers a lease?

Answer 10

As the agreements were in identical terms, signed on the same day and the intention was that Mr Villiers and Miss Bridger were to acquire joint and exclusive occupation of the flat, they therefore acquired a tenancy jointly.

The clause allowing for the owner, his agents or invitees to share occupation of the flat was held to be a sham.

It was a flat with one bedroom (for which the appellants requested a double bed), a bed sittingroom, kitchen and bathroom. Mr Antoniades never attempted to use any of the rooms or authorised any other person to use the rooms. Each separately undertook to pay half the rent.

Question 11

In Street v Mountford it was decided that the payment of rent was also an essential characteristic of a lease. However, as a result of a line of cases starting with ** the payment of rent is no longer essential.

Answer 11

**Ashburn Anstalt v Arnold (1989).

Nevertheless the payment of rent does demonstrate that the parties intended to create a relationship of landlord and tenant.

Question 12

A licence does not give the licensee an estate or an interest in the land, but it does make the licensee’s presence on another’s land…

Answer 12

…authorised.

Question 13

A bare licence is automatically revoked by the death of the licensor or a transfer of his land. It can also be revoked by the licensor at will, ie by giving reasonable notice to a licensee. It is one where * payments are required.

Answer 13

..no payments are required.

Question 14

A contractual licence will be enforceable against the original licensor in accordance with its terms, so cannot be revoked by the licensor until the contractual period has expired. However, as it is not a proprietary interest, it will not *** a successor to the licensor.

Answer 14

…bind.

Question 15

A fixed-term lease is essentially a contract that gives the tenant the right to occupy the premises for a certain fixed period of time, usually in return for undertaking to pay the landlord a rent and to fulfil certain other obligations.
Such a lease must be created….

Answer 15

…expressly.

Question 16

A periodic tenancy is not granted for a fixed period but continues indefinitely from one period to another. These may be ** or ** created.

Answer 16

..impliedly or expressly created.

Question 17

For a periodic lease, at common law, the notice should be the length of one period of the lease and that period is determined by the periodic term of the tenancy. However an exception to the general rule, a yearly tenancy can be terminated on ***

Answer 17

***6 months notice.

Question 18

Where premises have been let as a dwelling, s 5 of the Protection from Eviction Act 1977 provides that a notice served by either a landlord or a tenant will not be valid unless it is given in …

Answer 18

…writing
contains certain prescribed information and
is given at least 4 weeks before it is due to take effect.

Question 19

In addition, s 3 of the Protection from Eviction Act 1977 requires the landlord to obtain a …

Answer 19

…court order to recover possession of premises that have been let as a dwelling.

Question 20

Section 1(1)(b) of the Law of Property Act 1925 defines a lease as..

Answer 20

..term of years absolute.

Question 21

Section 52(1) of the Law of Property Act 1925 sets out the general rule that a deed is required to create..

Answer 21

…legal estates in land.

Question 22

Section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 specifies the current requirements for a valid deed. A deed must be…

Answer 22

…clear on the face of the document that it is intended to be a deed, and it must be signed, witnessed and delivered.

Question 23

Section 27 of the Land Registration Act 2002 classifies a leasehold estate for a term of more than seven years as a…

Answer 23

…registerable disposition.

Question 24

The exception to the rule that a legal lease must be created by deed is the parol lease rule under s54(2) LPA 1925. What conditions must be met?

Answer 24

• the lease must be for a term not exceeding three years,
• the tenant must have an immediate right to occupy
• and the arrangement must be for the best rent which can reasonably be obtained (a market rent)
• with no fine or premium payable.

Question 25

A parol lease can be created...

Answer 25

..orally. If there is something in writing - ignore it. Not needed.

Question 26

If the document is not a deed, it may nevertheless amount to a contract if the formalities set out in s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 are complied with. What are they?

Answer 26

A contract disposing of an interest in land must: ▪ be made in writing; ▪ contain all the express terms expressly agreed between the parties; and ▪ be signed by or on behalf of the parties.

Question 27

A legal lease is a registerable disposition. It only becomes legal and binds the buyer if it is registered at Land Registry by the date...

Answer 27

..of the registration of the buyer.

Question 28

Legal leases for a term not exceeding seven years (can be leases which are exactly seven years) are what type of interest?

Answer 28

..over-riding interests under Schedule 3 paragraph 1 of the LRA 2002.

Question 29

If it is an equitable lease, it would be an interest affecting a registered estate. It would need registering as a notice on the register (Land Registration Act 2002, s 32) before..

Answer 29

..the new owner is registered.

Question 30

If not protected by notice, the tenant may still be able to enforce his equitable lease against the buyer if he is in actual occupation of the property as the lease may be an overriding interest under Schedule 3 paragraph 2 of the LRA 2002. The interest will override only if..

Answer 30

...if he is in actual occupation the occupation (not the interest) would have been obvious on a reasonably careful inspection of the land at the time of the sale; or the purchaser had actual knowledge of the interest at the time of the sale. if enquiries were made of the person holding the interest before the sale, that person must have disclosed it if he could reasonably have been expected to do so. It binds the buyer if the overriding interest exists by date of completion of sale of the sale to the buyer (s 29 of the LRA 2002).

Question 31

In unregistered land, legal leases...

Answer 31

bind the world

Question 32

In unregistered land, if the lease is equitable, it must be registered as a....

Answer 32

...C(iv) land charge under the Land Charges Act 1972. If the lease is registered as a land charge, it will automatically be binding on the buyer. If it is not registered, it will not be binding on the buyer, even if he knows about it. The buyer can require the tenant to move out of the property.