Leases
a. Definitions
- Lease: A term of years absolute
- Content Question: A right to exclusive possession of land for a limited period
- Acquisition Question: Formality requirements
- Differences between licence and lease
o Ownership remains with A for licence
o Only leaseholders have statutory protection
- Common Law Implied Periodic Tenancy – tenancy implied from rent being paid from B
to A and notice can be given from A to B to cancel the tenancy
Important Cases
- Street v Mountford
- Antoniades v Villiers
- Bruton v London Quadrant Housing
- Mikeover v Brady
- Berrisford v Mexfield Housing Co-operative Ltd
- Southward Housing Co-operative Ltd v Walker
Important Statutes
- LPA 1925 s.1(1): Lease is a ‘term of years absolute’
- LPA 1925 s.149(6): Lease for life becomes a lease for 90 years [but if person dies before
the 90 year period, lease ends then]
- LPA 1925 s.54(2): No need for deed if lease is for 3 years or less, takes effect immediately
in possession, and is at market rent
- LPA 1925, s.53: Signed writing required for transfer of equitable lease
- Law of Property (Miscellaneous Provisions) Act 1989 s.2: Need for contract to satisfy
conditions here for doctrine of anticipation to apply
- LRA 2002 s.27: Need to register creation/transfer of leases unless it is for 7 years or less
- LRA s.29/30: Lack of registration defence for C
a. Definitions
- Lease: A term of years absolute
- Content Question: A right to exclusive possession of land for a limited period
- Acquisition Question: Formality requirements
- Differences between licence and lease
o Ownership remains with A for licence
o Only leaseholders have statutory protection
- Common Law Implied Periodic Tenancy – tenancy implied from rent being paid from B
to A and notice can be given from A to B to cancel the tenancy
Important Cases
- Street v Mountford
- Antoniades v Villiers
- Bruton v London Quadrant Housing
- Mikeover v Brady
- Berrisford v Mexfield Housing Co-operative Ltd
- Southward Housing Co-operative Ltd v Walker
Important Statutes
- LPA 1925 s.1(1): Lease is a ‘term of years absolute’
- LPA 1925 s.149(6): Lease for life becomes a lease for 90 years [but if person dies before
the 90 year period, lease ends then]
- LPA 1925 s.54(2): No need for deed if lease is for 3 years or less, takes effect immediately
in possession, and is at market rent
- LPA 1925, s.53: Signed writing required for transfer of equitable lease
- Law of Property (Miscellaneous Provisions) Act 1989 s.2: Need for contract to satisfy
conditions here for doctrine of anticipation to apply
- LRA 2002 s.27: Need to register creation/transfer of leases unless it is for 7 years or less
- LRA s.29/30: Lack of registration defence for C
