Property Law Second Term - LEASES AND LICENCES Flashcards Preview

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Flashcards in Property Law Second Term - LEASES AND LICENCES Deck (97):
1

Binions v Evans

Constructive trust for widow

2

Why does the decision in Berrisford not overrule Prudential?

Uncertain term still void for companies

3

Walsh v Lonsdale on equitable leases

Beats periodic tenancy

4

AG Securities v Vaughan

Together licence

4

Hammond and Fulham v Monk

Only one JT need give notice under a periodic tenancy

4

Public duty, statutory housing

Westminster CC v Basson

4

Separate duties to pay the rent may create different unity of interest

Mikeover v Brady

5

'Licence' allowed landlord to insert others

Duke v Wynne

6

Winter Garden v Millennium Productions

Reasonable notice; B is not immediately a trespasser

7

If one JT stays on and landlord accepts rent, new periodic tenancy

Barton v Camden

8

What case confirmed the validity of periodic tenancies as a certain term?

Prudential

8

Manchester Airport v Hutton

Trees; no distinction between occupation and possession, allowing licence to = action against protestors

9

DNH Food v LB of Tower Hamlets

Denning tried to argue if B has a CL against A, he also has a CT straight away, and thus C is bound

10

What section of the LPA gives that a perpetually renewable lease = 2000 year leasE?

Sch.14 s.145 LPA 1922

12

Antoniades v Villiers

Couple; permitting others

12

What was the breach of contract found in King v David Allan?

Disabled himself from giving effect to the licence

13

Westminster CC v Basson

Public duty and statutory housing

14

Mikeover v Brady

Separate duties to pay rent can remove unity of interest

15

What is needed for a lease that doesn't satisfy s.54(2)?

A deed

15

Who suggested a 'tenancy by estoppel' could have been used in Berrisford?

Routley

16

Barton v Camden

New periodic tenancy if JT stays on and L accepts rent

17

Verrall v Great Yarmouth

Court will protect licence against breach by A even if B has not begun to use land

19

What did the court in Prudential comment about the requirement of a term certain?

'Ancient and technical RoL'

20

Thompson v Park

School

20

Denning tried to argue CL gives rise to CT always, allowing B to bind successors

DNH Food v London Borough of Tower Hamlets

21

Bruton v London and Quadrant

Nemo dat; 'contract of tenancy'

21

Couple, exclusive possession despite perhaps not having unity of time (different docs)

Antoniades v Villiers

22

What were the two steps taken in Berrisford?

Common law rule that uncertain term = lease for life terminable on uncertain event. Then s.149(6) LPA made it a 90 year lease terminable on death/event

24

What are the three refinements on Street?

Licence if there are 2 or more occupiers without 4 unities, more power for public sector than private and 'contractual lease' through Bruton and Kay

24

Yaxley v Gotts

Lease through PE

25

Who said that requiring a JT for a lease cannot be justified doctrinally?

Sparkes

26

Errington v Errington & Woods

Mortgage payments (to uncle, who then died, beginning performance etc)

27

Need specific performance for s.2 contract for equitable lease

Coatsworth v Johnson

28

What two cases conflict on the nature of a lease/licence and rights of action?

Hunter v Canary Wharf; Manchester Airport v Hutton

29

What section of the LPA gives a definition of rent?

S.205(1)(xxvii)

30

In which case did Denning try to turn a contractual licence into an equitable property right?

Errington v Errington & Woods

31

Fitzrikston LLP v Panayi

Reasonable market rent for s.54(2) LPA exception

32

'Licence' said that particular times of day the tenants did not have exclusive possession

Aslan v Murphy

33

Why is a licence not a property right?

No covered in s.1 or s.4 LPA

33

King v David Allan

Cinema wall

35

When is rent sometimes needed for a lease?

Statutory protection

36

Tanner v Tanner

Twins; children

36

Why did Denning's citation of Bannister (brother in law, rent free) and Binions in DNH not work?

The CTs in those cases arose later as a result of a later promise by the successor

37

Who said Street can be explained through a doctrinal perspective?

if there is no certain term, A's property right is meaningless

38

When will courts not enforce a contractual licence and A's duty not to exclude B?

When inappropriate (arguing), so damages

40

What section of the LPA notes a lease is a legal estate?

S.1

41

Kay v London Borough of Lambeth (Scott)

'Non-estate tenancy' of Bruton

42

According to Street, what are the essential characteristics of a lease?

Exclusive possession of land for a term at a rent

42

What is required for an equitable lease?

A contract for the purposes of s.2

44

What three circumstances were given in Facchini v Bryson for when exclusive possession would not equal a lease?

No intention to create one, no power to grant a tenancy and agreement to occupy arises from other legal relationship

45

How does one create an equitable lease?

Either failed to register or contract without deed

46

Fluctuating utility bills are not sufficiently certain for rent

Bostock v Bryant

47

Who gave the essential characteristics of a lease?

Lord Templeman in Street v Mountford

49

Duke v Wynne

Insert others

50

What is required for registered land with an equitable lease?

Notice to protect the lease

52

Who said Street can only be justified (on a term certain) through a utility perspective?

Hill

53

Only one JT need give notice to terminate periodic tenancy

Hammond & Fulham v Monk

53

Reasonable notice; C is not immediately a trespasser

Winter Garden v Millenium Productions

55

Coatsworth v Johnson

Need specific performance for equitable lease

57

Hunter v Canary Wharf

Tort of nuisance needs property right (i.e. not a licence)

58

Hussein v Mehlman

Lease is no different to contract; can accept repudiatory BoC

60

In what case did Denning creatively impose a contractual licence?

Tanner v Tanner

61

Berrisford v Mexfield

Housing cooperative

62

Prudential Assurance v London Residuary

Road widening; void lease

64

If a lease is over 7 years, what else is needed in addition to a deed?

Registration under s.27(2) for registered land or s.4(1) for unregistered

65

What were the exceptional circumstances Templeman gave in Street when exclusive possession would not equal a lease?

No intention to create legal relations (e.g. family: Jones v Padavatton, Danckwerts LJ) or employment contract

66

Why was it decided there was a CT for widow in Binions v Evans?

Purchaser took the land subject to her right; lower price etc, so gained new property right against purchaser

67

Why did the four individuals in AGS v Vaughan not have a lease?

No exclusive possession nor joint lease

68

Why did McFarlane, Nield and Hopkins criticise Berrisford?

CL rule creates a terminable life estate no longer legal under LPA and simpler just to remove rule

69

What case shows the normal law of frustration applies to leases?

National Carriers v Panalpina

70

What is required for unregistered land with an equitable lease?

Registration or will not bind

72

What else is needed for equitable lease under s.2 other than Chatsworth v Johnson --> SP?

Damages inadequate, clean hands and valuable consideration by person enforcing it

73

Bostock v Bryant

Fluctuating utility bill too uncertain for rent

74

What leases automatically override without registration?

Under 7 years (Sch.3 Para 1 or Sch.1 Para 1)

75

In what case did the court reject the arguments of Denning in DNH Food and Errington v Woods?

Ashburn Anstalt v Arnold

76

Aslan v Murphy

Times in which they don't have EP

77

Ashburn Anstalt v Arnold

CoA rejected that CL gives rise to CT, a proprietary right that can bind successors

78

What case shows all four unities are needed for a JT and a lease?

AGS v Vaughan; Antoniades v Villiers

79

Provincial bank v Ainsworth

Personal right; not equitable interest

80

In what case was it said a licence 'only makes an action lawful which, without it, had been unlawful'?

Thomas v Sorrell, Vaughan CJ

81

Thomas v Sorrell, per Vaughan CJ

a licence 'only makes an action lawful which, without it, had been unlawful'

82

Who said a licence 'only makes an action lawful which, without it, had been unlawful' in Thomas v Sorrell?

Vaughan CJ

83

What three cases show a reversal of the traditional view of a lease?

Liverpool CC v Irwin, Panalpina v National Carriers and Hussein and Mehlman

84

If T1 transfers existing legal lease to B2 and is not registered, what must happen and why?

Must use deed as s.54(2) only applies to creating new leases, not to their transfer

85

Long v Tower Hamlets LBC

Shows s.54(2) requires individual to be in possession and lease to start immediately

86

What case shows s.54(2) requires individual to be in possession and lease to start immediately

Long v Tower Hamlets LBC

87

What four cases show courts exploring whether there was unity of possession through shams and pretences?

AGS v Vaughan, Antoniades, Duke v Wynne, Aslan v Murphy

88

What three cases show courts trying to find unities in multiple occupancy?

Antoniades, AGS v Vaughan and Mikeover v Brady

89

Who wrote a case note on Mayor of London v Hall/the decision in Manchester Airport v Dutton?

Lochery

90

What does Neuberger MR suggest in Mayor of London v Hall

Right doesn't need to be rendered useless by trespass, just if right is an entitlement to occupy/control and IS there a trespasser

91

Why does Lochery criticise Dutton?

Conflated right to occupation and right to possession

92

How does Lochery argue that licences are evidently not property rights?

Can't protect them by registration and not overriding interests

93

What two cases failed for lack of a certain term?

Prudential and Lace v Chantler

94

Lace v Chantler

Duration of WWII

95

Duration of WWII

Lace v Chantler

96

What is the fact that labels are not decisive an infringement on?

Freedom to contract

97

'Non estate'/'contract of tenancy'

Bruton v London & Quadrant