SQE Master Set > Land: Leases > Flashcards

Land: Leases Flashcards

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1
Q

What is a lease under the LPA 1925?

A

A proprietary right called a ‘term of years absolute’ under s.1(1)(b) and defined in s.205(1)(xxvii).

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2
Q

How is a lease different from a licence?

A

A lease grants a proprietary right and is enforceable against third parties; a licence is a personal right enforceable only against the licensor.

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3
Q

Why is the distinction between a lease and a licence important?

A

It affects enforceability, statutory protections, and remedies.

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4
Q

What case established the importance of substance over form in lease/licence distinction?

A

Street v Mountford [1985] AC 809.

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5
Q

What are the three key elements of a lease?

A

Certainty of term, exclusive possession, and correct formalities.

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6
Q

Can the payment of rent be a determining factor?

A

No, rent is not essential (Ashburn Anstalt v Arnold [1989]).

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7
Q

What does exclusive possession mean?

A

The right to exclude all others, including the landlord.

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8
Q

What does ‘certainty of term’ mean in lease law?

A

The lease must be granted for a term that is certain from the outset.

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9
Q

What are the two forms of certain term?

A

Fixed term and periodic term.

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10
Q

What is a fixed term lease?

A

A lease with a maximum duration known from the outset.

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11
Q

What is a periodic tenancy?

A

A tenancy that continues from period to period until notice is given.

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12
Q

How is a periodic tenancy created?

A

Expressly in writing or implied by conduct, such as regular rent payments.

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13
Q

What determines the period of a periodic tenancy?

A

The period by reference to which rent is calculated.

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14
Q

What case illustrates failure to meet certainty of term?

A

Lace v Chantler [1944] - lease ‘for duration of war’ was invalid.

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15
Q

What case dealt with implied periodic tenancy?

A

Prudential Assurance v London Residuary Body [1992].

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16
Q

What is required to prove exclusive possession?

A

The occupier must be able to exclude others, including the landlord.

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17
Q

Does a landlord retaining a key defeat exclusive possession?

A

No, unless the right of access is unrestricted or actively used.

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18
Q

What is a sham clause?

A

A clause inserted to disguise a lease as a licence, which courts may disregard.

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19
Q

What was held in Aslan v Murphy [1990]?

A

Retention of a key doesn’t prevent exclusive possession if not regularly used.

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20
Q

What is the significance of Marchant v Charters [1977]?

A

Provision of services indicates a licence, not a lease.

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21
Q

What happens when landlords introduce others to share?

A

This may negate exclusive possession if the clause is genuine.

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22
Q

What was decided in AG Securities v Vaughan?

A

No joint tenancy due to lack of unity in agreement details.

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23
Q

What was decided in Antoniades v Villiers?

A

A couple had a joint tenancy despite separate agreements.

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24
Q

Can multiple occupiers have a lease?

A

Yes, if they hold a joint tenancy.

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25
What are the four unities for a joint tenancy?
Possession, interest, time, and title.
26
What does unity of possession mean?
All tenants can use the entire property.
27
What does unity of interest mean?
All tenants hold the same interest under the same conditions.
28
What does unity of time mean?
All interests start at the same time.
29
What does unity of title mean?
Interests derive from the same or interdependent documents.
30
What is the outcome if the four unities are not present?
The occupiers are licensees, not joint tenants.
31
What statute gives protection to business tenants?
Landlord and Tenant Act 1954.
32
What is the impact of landlord control on business leases?
Significant landlord control may defeat exclusive possession.
33
What was held in Esso Petroleum v Fumegrange?
Extensive landlord control negated a lease.
34
Can a right to relocate defeat a lease?
Yes, if genuinely exercised, it undermines exclusive possession.
35
What case dealt with relocation defeating a lease?
Dresden Estates v Collinson [1988].
36
What factors can defeat an otherwise valid lease?
Lack of intention to create legal relations and service occupancy.
37
What is a service occupancy?
Accommodation tied to employment for better performance of duties.
38
What was the outcome in Norris v Checksfield?
No lease due to service occupancy.
39
How is Royal Philanthropic v County different?
Lease upheld as occupation didn’t enhance job performance.
40
What indicates no intention to create legal relations?
Family arrangements, acts of generosity, or informal settings.
41
Can rent and formal documents rebut lack of intention?
Yes, they suggest an intention to create legal relations.
42
What formalities are needed for a legal lease over 7 years?
Must be by deed and registered (LPA 1925 s.52, LRA 2002 s.27).
43
What formalities are needed for leases ≤7 years?
Must be by deed but need not be registered; can bind as overriding interest.
44
What is the short lease exception?
Leases ≤3 years at market rent, in possession, with no premium, need no deed (LPA 1925 s.54(2)).
45
What are the conditions for a short lease under s.54(2)?
Immediate possession, best rent, and no premium.
46
Are periodic tenancies included in the s.54(2) exception?
Yes, if the period is ≤3 years.
47
What is an equitable lease?
A lease arising from a valid contract that fails legal formalities.
48
What statute governs equitable lease contracts?
LP(MP)A 1989 s.2.
49
What is required for an equitable lease?
A written, signed agreement with all terms and available specific performance.
50
What is the principle from Walsh v Lonsdale?
Where legal formalities fail, equity treats the lease as if properly granted.
51
Why do leases attract statutory protection?
Because they confer a proprietary interest in land.
52
Can a lease be implied?
Yes, from conduct, especially through regular rent payments.
53
What is the impact of a landlord providing services?
It may indicate a licence rather than a lease.
54
What is the legal effect of overriding interests?
They bind purchasers even if unregistered.
55
Why does equity prevail over common law in leases?
Because equitable principles override where conflicts arise (Walsh v Lonsdale).
56
What are the three core elements required for a lease to exist? (Q1)
Certainty of term, exclusive possession, and compliance with the correct formalities.
57
What is the difference between legal and equitable leases regarding forfeiture? (Q1)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
58
What is a quiet enjoyment covenant? (Q1)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
59
What is a fully qualified covenant? (Q1)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
60
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q1)
Landlord and Tenant Act 1927, section 19(2).
61
What is alienation in the context of leases? (Q1)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
62
What happens if an assignee breaches lease covenants under a new lease? (Q1)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
63
What is the impact of LTCA 1995 on privity of contract? (Q1)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
64
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q1)
Landlord must give written notice within six months of fixed charge becoming due.
65
What is CRAR and when can it be used? (Q1)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
66
What are the three core elements required for a lease to exist? (Q2)
Certainty of term, exclusive possession, and compliance with the correct formalities.
67
What is the difference between legal and equitable leases regarding forfeiture? (Q2)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
68
What is a quiet enjoyment covenant? (Q2)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
69
What is a fully qualified covenant? (Q2)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
70
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q2)
Landlord and Tenant Act 1927, section 19(2).
71
What is alienation in the context of leases? (Q2)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
72
What happens if an assignee breaches lease covenants under a new lease? (Q2)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
73
What is the impact of LTCA 1995 on privity of contract? (Q2)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
74
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q2)
Landlord must give written notice within six months of fixed charge becoming due.
75
What is CRAR and when can it be used? (Q2)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
76
What are the three core elements required for a lease to exist? (Q3)
Certainty of term, exclusive possession, and compliance with the correct formalities.
77
What is the difference between legal and equitable leases regarding forfeiture? (Q3)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
78
What is a quiet enjoyment covenant? (Q3)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
79
What is a fully qualified covenant? (Q3)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
80
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q3)
Landlord and Tenant Act 1927, section 19(2).
81
What is alienation in the context of leases? (Q3)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
82
What happens if an assignee breaches lease covenants under a new lease? (Q3)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
83
What is the impact of LTCA 1995 on privity of contract? (Q3)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
84
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q3)
Landlord must give written notice within six months of fixed charge becoming due.
85
What is CRAR and when can it be used? (Q3)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
86
What are the three core elements required for a lease to exist? (Q4)
Certainty of term, exclusive possession, and compliance with the correct formalities.
87
What is the difference between legal and equitable leases regarding forfeiture? (Q4)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
88
What is a quiet enjoyment covenant? (Q4)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
89
What is a fully qualified covenant? (Q4)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
90
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q4)
Landlord and Tenant Act 1927, section 19(2).
91
What is alienation in the context of leases? (Q4)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
92
What happens if an assignee breaches lease covenants under a new lease? (Q4)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
93
What is the impact of LTCA 1995 on privity of contract? (Q4)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
94
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q4)
Landlord must give written notice within six months of fixed charge becoming due.
95
What is CRAR and when can it be used? (Q4)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
96
What are the three core elements required for a lease to exist? (Q5)
Certainty of term, exclusive possession, and compliance with the correct formalities.
97
What is the difference between legal and equitable leases regarding forfeiture? (Q5)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
98
What is a quiet enjoyment covenant? (Q5)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
99
What is a fully qualified covenant? (Q5)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
100
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q5)
Landlord and Tenant Act 1927, section 19(2).
101
What is alienation in the context of leases? (Q5)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
102
What happens if an assignee breaches lease covenants under a new lease? (Q5)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
103
What is the impact of LTCA 1995 on privity of contract? (Q5)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
104
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q5)
Landlord must give written notice within six months of fixed charge becoming due.
105
What is CRAR and when can it be used? (Q5)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
106
What are the three core elements required for a lease to exist? (Q6)
Certainty of term, exclusive possession, and compliance with the correct formalities.
107
What is the difference between legal and equitable leases regarding forfeiture? (Q6)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
108
What is a quiet enjoyment covenant? (Q6)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
109
What is a fully qualified covenant? (Q6)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
110
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q6)
Landlord and Tenant Act 1927, section 19(2).
111
What is alienation in the context of leases? (Q6)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
112
What happens if an assignee breaches lease covenants under a new lease? (Q6)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
113
What is the impact of LTCA 1995 on privity of contract? (Q6)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
114
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q6)
Landlord must give written notice within six months of fixed charge becoming due.
115
What is CRAR and when can it be used? (Q6)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
116
What are the three core elements required for a lease to exist? (Q7)
Certainty of term, exclusive possession, and compliance with the correct formalities.
117
What is the difference between legal and equitable leases regarding forfeiture? (Q7)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
118
What is a quiet enjoyment covenant? (Q7)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
119
What is a fully qualified covenant? (Q7)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
120
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q7)
Landlord and Tenant Act 1927, section 19(2).
121
What is alienation in the context of leases? (Q7)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
122
What happens if an assignee breaches lease covenants under a new lease? (Q7)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
123
What is the impact of LTCA 1995 on privity of contract? (Q7)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
124
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q7)
Landlord must give written notice within six months of fixed charge becoming due.
125
What is CRAR and when can it be used? (Q7)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
126
What are the three core elements required for a lease to exist? (Q8)
Certainty of term, exclusive possession, and compliance with the correct formalities.
127
What is the difference between legal and equitable leases regarding forfeiture? (Q8)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
128
What is a quiet enjoyment covenant? (Q8)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
129
What is a fully qualified covenant? (Q8)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
130
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q8)
Landlord and Tenant Act 1927, section 19(2).
131
What is alienation in the context of leases? (Q8)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
132
What happens if an assignee breaches lease covenants under a new lease? (Q8)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
133
What is the impact of LTCA 1995 on privity of contract? (Q8)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
134
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q8)
Landlord must give written notice within six months of fixed charge becoming due.
135
What is CRAR and when can it be used? (Q8)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
136
What are the three core elements required for a lease to exist? (Q9)
Certainty of term, exclusive possession, and compliance with the correct formalities.
137
What is the difference between legal and equitable leases regarding forfeiture? (Q9)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
138
What is a quiet enjoyment covenant? (Q9)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
139
What is a fully qualified covenant? (Q9)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
140
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q9)
Landlord and Tenant Act 1927, section 19(2).
141
What is alienation in the context of leases? (Q9)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
142
What happens if an assignee breaches lease covenants under a new lease? (Q9)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
143
What is the impact of LTCA 1995 on privity of contract? (Q9)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
144
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q9)
Landlord must give written notice within six months of fixed charge becoming due.
145
What is CRAR and when can it be used? (Q9)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
146
What are the three core elements required for a lease to exist? (Q10)
Certainty of term, exclusive possession, and compliance with the correct formalities.
147
What is the difference between legal and equitable leases regarding forfeiture? (Q10)
Legal leases require an express forfeiture clause, while equitable leases imply the right for non-payment of rent.
148
What is a quiet enjoyment covenant? (Q10)
It is the landlord’s promise not to interfere with the tenant’s lawful possession and enjoyment of the property.
149
What is a fully qualified covenant? (Q10)
A covenant where tenant must obtain landlord's consent, and consent must not be unreasonably withheld or delayed.
150
What statute governs landlord's obligation to be reasonable in withholding consent to alterations? (Q10)
Landlord and Tenant Act 1927, section 19(2).
151
What is alienation in the context of leases? (Q10)
The tenant's transfer or sharing of their leasehold interest, including assignment, underletting, or parting with possession.
152
What happens if an assignee breaches lease covenants under a new lease? (Q10)
They are liable under LTCA 1995, s.3; outgoing tenants may still be liable if they gave an AGA.
153
What is the impact of LTCA 1995 on privity of contract? (Q10)
It abolishes original party liability under new leases after 1996, unless an AGA is entered.
154
What does s.17 of LTCA 1995 require for pursuing former tenants? (Q10)
Landlord must give written notice within six months of fixed charge becoming due.
155
What is CRAR and when can it be used? (Q10)
Commercial Rent Arrears Recovery, replacing distress, allowing landlords to seize goods for rent owed in commercial premises.
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