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Land Law: Leases and Licences
Quiz by
samparkin92
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Last updated: May 18, 2024
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First submitted
April 29, 2024
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Main statutes
Law of Property Act 1925
Landlord and Tenants (Covenants) Act 1995
Case for characteristics of a lease
Street v Mountford [1985]
Characteristics
Exclusive possession
Certainty of term
For rent or other consideration
What case rid the last answer of being an essential characteristic?
Ashburn Anstalt v Arnold [1988]
Examples of where the first characteristic does not amount to a tenancy
Act of kindness
No intention to create a legal relationship
Service occupancy
Three kinds of formalities
(1) Express grant (legal)
(2) Operation of law (legal)
(3) Virtue of contract (equitable)
Statute for requirements of a contract
S.2 LPMPA 1989
Requirements of (1)
Deed (if longer than three years)
Registered (if longer than 7 years)
What is required for a lease under 3 years?
Written agreement
Statute
S.54(2) LPA 1925
What type of tenancies arise from (2)
Periodic
Two ways to create equitable leases
Contract
In writing but not by deed
Other forms of lease/tenancy
Fixed-term
At will
At sufferance
Which privity?
All covenants on the lease are enforceable?
Privity of Contract
Governs relationship between landlord and tenant?
Privity of Estate
What date defines a new and old lease
1 January 1996
Statute for attaching benefit and burden of covenants to the land
S.3 LTCA 1995
Statute for releasing covenants when assigning
S.5 LTCA 1995
New or old lease?:
Tenant carries burden of covenants even if the lease is assigned?
Old
Burden of covenants passed on to the assignee?
New
Case for 'touch and concern'
Spencer's case (1583)
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