Flashcards
Section 1 - Leases and Licences
Cards in this deck (16)
- 1What is needed for a lease to exist?A lease will exist and tenant will be regarded as lawful tenant only if:
-The lease or tenancy agreement grants the tenant exclusive possesion
-A rent is charged (consideration)
-the lease or tenancy is for a stated period of time - 2What is the difference between a lease and license? Use examplesLease is a where a tenant has exclusive possession
License someone who does not have exclusive possession of a property - 3Explain what a license is and give someone common examplesWhere someone does not have exclusive possession of a property
Examples:
-An employee whose company had taken the tenancy of the property
-Someone renting a spare room from the owner/occupier
-An au pair living at the property with the family
-A cohabiting partner living at the the property who is not named as a partner
-Someone who has the owners permission to stay at the property - 4Explain the difference between a landlord and a tenant.A Landlord is the person who owns the the property, the tenant is the person who is renting the propertiy from the landlord.
- 5When could you create a spoken (oral) contract?When a tenancy agreement/deed is less than three years
- 6What is meaning of Joint and Several Liability?Where all tenants all liable of rent & damages regardless of their share.
- 7What is the meaning of quite enjoyment?A covenant where the tenant has the right to live in the property without interference from the landlord or anyone else.
Even if it is not in the tenancy, it is considered as an implied right. - 8Briefly explain what a lease isA lease is an agreement between a landlord(s) and a tenant(s) for the tenant(s) to live in a property for a period of time, subject to certain conditions and duties placed on both duties
- 9What is a another name for leases?Tenancies
- 10When can there be an exception where the court does not recognise a person as a tenant?The person may have exclusive possession and pay rent. However if there was an agreement between friend and family who had no intention of creating a tenancy and/or was a simple act of kindness then the person will not be classed as a tenant
- 11List someone examples when a person living in a property is would be a licensee, not a tenantExamples:
-An employee whose company had taken the tenancy of the property
-Someone renting a spare room from the owner/occupier
-An au pair living at the property with the family
-A cohabiting partner living at the the property who is not named as a partner
-Someone who has the owners permission to stay at the property - 12When must a land-related transaction/tenancy be created by deed? What law does it fall under?Any land related transactions such as tenancies for more than a three-year period must be created by a deed.
This includes residential tenancies.
It is a requirement under the Law of Property Act 1925 Section 52 - 13What are the requirements for creating a tenancy by deed?-Clearly note on the document that it is intended to be a deed
-properly execute the document as a deed - 14How do you properly execute a document as a deed?-Signed in the presence of a witness, who confirms the signature ( if it is already signed, you need two witnesses)
-Deliverered as a deed by the signatory or someone authorised by them to do so on their behalf - 15A company views a property through your agency. They want to take it for a member of their staff for a fixed term of four years. What advice would you give your client the landlord?-They would need to create a deed (more costs) because its is more than 3 years
-The company can allow their employees to stay there.
-The company will have exclusive possession - 16A friend of your landlord client wants to rent the landlords property for six months from the first of the next month, paying the full amount of quoted rent. The landlord thinks that they can have a lawful tenancy without going to the trouble of putting it in writing. How would you advise them?They would be able to create a tenancy agreement orally because both sides need to accept and there needs to be some sort of consideration.
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- Level 3 Technical Award Residential Lettings and Property Managment (Unit 2) Flashcards on Section 1 - Leases and Licences, created by Jay Ali on 24/09/2016.
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- Jay Ali
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