2 Leases with audio

Leases: 

Leases What is a lease? Contract and estate in land? How leases start and end Lease terms Remedies

What is a lease?: 

What is a lease? Street v Mountford Exclusive possession Term

Substance over label: 

Substance over label ‘If the agreement satisfied all the requirements of a tenancy, then the agreement produced a tenancy and the parties cannot alter the effect of the agreement by insisting that they only created a license. The manufacture of a five-pronged implement for digging results in a fork, even if the manufacturer, unfamiliar with the English language insists that he intended to make and has made a spade.” (Lord Templeman)

Avoiding exclusive possession: 

Avoiding exclusive possession Reserve right to move occupier around Use the space yourself Allow space to be used for only part of the day

Certainty of term: 

Certainty of term Prudential Assurance Co Ltd v London Residuary Body

Mostly contract or mostly estate in land?: 

Mostly contract or mostly estate in land? Does the contractual doctrine of frustration apply to leases? Yes if we apply standard contractual principles to the lease No if we give priority to the idea that the lease is an interest in land National Carriers Ltd v Panalpina (Northern) Ltd the doctrine does apply

Can you grant a lease even if you don’t have a freehold or leasehold interest yourself?: 

Can you grant a lease even if you don’t have a freehold or leasehold interest yourself? Bruton v London & Quadrant Housing Trust London & Quadrant Bruton Licensee Exclusive possession plus term. Lease or license?

Formalities to create a legal lease: 

Formalities to create a legal lease Document must: Describe itself as a deed State that it has been sealed Bear some kind of mark indicating a seal

Formalities: 

Formalities Agreement for lease – writing (creates equitable lease) Legal lease – deed Exceptions for leases of 3 years or less at a full market rent and taking effect in possession

Types of lease: 

Types of lease Fixed-term Periodic Tenancy at will

Lease covenants: 

Lease covenants

Landlord’s remedies: 

Landlord’s remedies Non-payment of rent: Sue for payment Forfeiture Distress Other covenants Damages Forfeiture (but prior notice to tenant needed)

Next week: 

Next week Formalities for contracts and the creation or transfer of interests in land