Topic 6 Flashcards
(29 cards)
What is a lease?
the grant of the right to exclusive possession of land for a determinable time.
What is a term of years absolute?
a term of years that takes effect from the possession from the date of a lease.
What are the types of leases?
- fixed term lease.
- periodic tenancies
- tenancies at will.
What is a fixed term lease?
it is granted for a specified time, and will usually expire at the end of the fixed period.
What is a periodic tenancy?
It is a tenancy that is granted expressly as a result of occupation.
What is a tenancy at will?
When the party can occupy the land for an indefinite period, but on the basis that this can be terminated at anytime.
What are the traits of a license?
- Non assignable
- very little statutory protection
- personal agreements
- permits the occupy to carry out an act on the land
What are the traits of a lease?
- it confers the rights to a property.
- it binds third parties.
- it can be transferrable to a third party.
- tenants have trights under statute.
What is exclusive possession?
this entitles the tenant to exclude all third parties, including the landlord, from ownership during tenancy.
What case determined the intentions of parties entering a lease?
street v mountford
what does street v mountford change for exclusive possession?
the intention of the parties will be deduced from the realities of the arrangement, not just what is expressly stated.
What must the court consider when determining a tenancy?
if there is a grant of exclusive possession to the occupier.
What reasons can an occupier have exclusive possession?
- an owner in fee simple
- a trespasser
- a mortgagee in possession
- an object of charity
- a service occupier
what circumstances can parties not enter a relationship and gain Exclusive possession?
- family arrangements
- where the grantee is an object of friendship or generosity.
What was Cobb v lane?
- owner of the house allowed her brother to live in it rent free.
examples of no power to grant a tenancy?
- lack the capacity to grant a tenancy
- doesn’t have a legal estate in the property.
what are the four unities?
- possession
- interest
- time
- title
what do you need for joint tenancy?
four unities
when can non exclusive agreements occur?
rights are granted to two or more people.
right to select another occupier if one should vacate the premises.
What does section 1 LPA state?
if an estate is in leasehold then it must have a certain beginning and ending.
what occurs if no finite point is rendered certain in a lease?
it will be rendered void under Lace v Chantler.
what can save a periodic tenancy from invalidity?
the power of the landlord or tenant to determine it by notice at the end of a period.
What is a proviso for re-entry?
if the tenant doesn’t pay the rent or is in breach of any covenants, the lease is forfeited.
how can a lease for less than 3 years be made?
- writing
- orally
- by deed
