Week 9 - Introduction to Landlord and Tenant

Question 1

A lease is an equitable interest in land.

True or False?

Answer 1

False. It is a legal interest.

Question 2

Briefly explain the difference between

assignment of a lease and underletting.

Answer 2

Assigning a lease means the complete transfer of the legal interest. Underletting is creating a new lease out of the original – a sub-let.

Question 3

What is a periodic tenancy?

Answer 3

A periodic tenancy is a tenancy that allows for continual renewal until notice is given. It is protected by statute.

Question 4

What is a fixed term tenancy?

Answer 4

A tenancy granted for a fixed period.

Question 5

What is a Tenancy at will?

Answer 5

A tenancy at will is not a legal interest and has no statutory protection. It does grant exclusive possession.

Question 6

What is a Tenancy at Sufferance?

Answer 6

A tenancy at sufferance is a tenancy that continues beyond the term, without rent, and is allowed by the landlord.

Question 7

What is a Tenancy by estoppel?

Answer 7

A tenancy by estoppel is a promissory tenancy, granted whilst a legal tenancy is finalised/sought.

Question 8

What is meant by the term reversion?

Answer 8

The remaining term of an interest.

Question 9

Street v. Mountford (1985) gave rise to

three tests for determining what?

Answer 9

Whether an interest is a lease or a license.

Question 10

What are the three tests determined by Street v. Mountford (1985)?

Answer 10

1. Is there exclusive possession? If yes, then
2. Is there certainty of term? If yes, then
3. Is there rent, or some other form of consideration?
   If all three apply, then regardless of the wording on any documents, the interest is likely to be a lease.

Question 11

Is profit a prendre a lease or license right?

Answer 11

A license with interest.

Question 12

What is meant by the term profit a pondre?

Answer 12

The right to take something from someone else’s land.

Question 13

What is a bare license?

Answer 13

It is the simplest form of licence. A bare licence arises when the landowner gives permission for another person to be on her land.

Question 14

List the 7 ways in which a lease can be determined.

Answer 14

1. Expiry
2. Forfeiture
3. Frustration
4. Merger
5. Notice
6. Repudiatory breach
7. Surrender

Question 15

Explain two of the ways in which a lease can be determined.

Answer 15

1. Expiry – the term comes to an end.
2. Forfeiture – The lease is breached and the property is repossessed as a result.
3. Frustration – as in contract, the lease cannot be
   continued because of some external factor (the building is destroyed, or seriously damaged, for instance)
4. Merger – the tenant(s) gain the senior interest and the lease merges into that interest.
5. Notice – duly given in accordance with the lease terms.
6. Repudiatory breach – a serious breach that repudiates.
7. Surrender – both the tenant and the landlord agree to end the lease before the term expires.