Leases
Table of Contents
Essential elements of a lease......................................................................................................................... 2
Exclusive Possession...................................................................................................................................... 3
1) Lodgers and Hotel Guests.......................................................................................................................... 3
2) Provision of services........................................................................................................................................3
3) Retention of keys....................................................................................................................................... 3
4) Shams and pretences................................................................................................................................ 4
5) Multiple occupation.................................................................................................................................. 4
6) Service occupancy..................................................................................................................................... 5
Requirement of Rent..................................................................................................................................... 5
Certainty of Term.......................................................................................................................................... 5
Periodic Tenancies......................................................................................................................................... 8
Bruton tenancies........................................................................................................................................... 9
, Essential elements of a lease
- The only relevant intention for granting a lease is to grant exclusive possession for a
term at a rent.
Street v Mountford Facts:
i. S. granted M. the right to occupy two rooms subject to conditions set
forth in the agreement, which was entitled 'licence agreement' and
which contained a declaration signed by M. to the effect that she
understood that the agreement did not give her a tenancy protected
under the Rent Acts.
ii. M. and her husband then moved into the rooms, of which they had
exclusive occupation.
iii. In August 1983 S. sought an order in the county court declaring
whether the occupancy under the agreement was a licence or a
protected tenancy.
iv. The recorder held that it was a tenancy. On appeal by S. the Court of
Appeal declared that M. occupied the rooms under a licence.
v. The HoL held that M was a tenant as by the agreement Mrs.
Mountford was granted the right to occupy residential
accommodation. The landlord did not provide any services or
attendance.
It was held that to determine a lease: “the only intention which is relevant is the
intention demonstrated by the agreement to grant exclusive possession for a term
at a rent.”
a) Lord Templeman conceded that the agreement granted exclusive
possession to M.
b) The traditional view that the grant of exclusive possession for a term at
a rent creates a tenancy is consistent with the elevation of a tenancy into
an estate in land.
c) The tenant possessing exclusive possession is able to:
1) Exercise the rights of an owner of land, which is in the real sense
his land albeit temporarily and subject to certain restrictions.
2) Keep out strangers and keep out the landlord unless the landlord
is exercising limited rights reserved to him by the tenancy
agreement to enter and view and repair.
d) A licensee lacking exclusive possession can:
1) In no sense call the land his own and cannot be said to own any
estate in the land.
2) The license does not create an estate in the land to which it
relates but only makes an act lawful which would otherwise be
unlawful.
Table of Contents
Essential elements of a lease......................................................................................................................... 2
Exclusive Possession...................................................................................................................................... 3
1) Lodgers and Hotel Guests.......................................................................................................................... 3
2) Provision of services........................................................................................................................................3
3) Retention of keys....................................................................................................................................... 3
4) Shams and pretences................................................................................................................................ 4
5) Multiple occupation.................................................................................................................................. 4
6) Service occupancy..................................................................................................................................... 5
Requirement of Rent..................................................................................................................................... 5
Certainty of Term.......................................................................................................................................... 5
Periodic Tenancies......................................................................................................................................... 8
Bruton tenancies........................................................................................................................................... 9
, Essential elements of a lease
- The only relevant intention for granting a lease is to grant exclusive possession for a
term at a rent.
Street v Mountford Facts:
i. S. granted M. the right to occupy two rooms subject to conditions set
forth in the agreement, which was entitled 'licence agreement' and
which contained a declaration signed by M. to the effect that she
understood that the agreement did not give her a tenancy protected
under the Rent Acts.
ii. M. and her husband then moved into the rooms, of which they had
exclusive occupation.
iii. In August 1983 S. sought an order in the county court declaring
whether the occupancy under the agreement was a licence or a
protected tenancy.
iv. The recorder held that it was a tenancy. On appeal by S. the Court of
Appeal declared that M. occupied the rooms under a licence.
v. The HoL held that M was a tenant as by the agreement Mrs.
Mountford was granted the right to occupy residential
accommodation. The landlord did not provide any services or
attendance.
It was held that to determine a lease: “the only intention which is relevant is the
intention demonstrated by the agreement to grant exclusive possession for a term
at a rent.”
a) Lord Templeman conceded that the agreement granted exclusive
possession to M.
b) The traditional view that the grant of exclusive possession for a term at
a rent creates a tenancy is consistent with the elevation of a tenancy into
an estate in land.
c) The tenant possessing exclusive possession is able to:
1) Exercise the rights of an owner of land, which is in the real sense
his land albeit temporarily and subject to certain restrictions.
2) Keep out strangers and keep out the landlord unless the landlord
is exercising limited rights reserved to him by the tenancy
agreement to enter and view and repair.
d) A licensee lacking exclusive possession can:
1) In no sense call the land his own and cannot be said to own any
estate in the land.
2) The license does not create an estate in the land to which it
relates but only makes an act lawful which would otherwise be
unlawful.
