Leases

Leases

right to occupy land with fixed commencement date and fixed max duration
fixed term leases or periodic tenancies which automatically renew
Legal lease
1. must be made by deed but can be created orally or in writing if less than 3 years and takes immediate effect
  1. reserving best rent reasonably obtainable LPA 1925 s54(2)
2. if not legal lease
  1. Tenant will have equitable interest
    1. only if complies with law of prop misc prov act 1989
      1. in writing
      2. contains all agreed terms
      3. signed by all parties
3. over 7 yrs must be registered by land registration
Tenant or lessee must hold term shorter than landlord or lessor
Tenant must have exclusive possession
1. Street v Mountford
2. over landlord
Rent not essential element to lease
b4 19/06/2006 then must contain prescribed clauses
Leasehold covenants
1. Landlord cov
  1. Allow T quiet enjoyment
  2. To repair and maintain exterior of building
2. Tenant covs
  1. payment of rent
  2. not to assign lease
  3. not to use premises except as auth by lease
Old Leases pre 1/1/96
1. privity of contract between T1 and L1
  1. Original T and L remains liable under L and T covs
New Leases
1. 'touch and concern' rule does not exists
2. burden passes to T2
3. L can ask T to sign AGA for guarantee
4. Unlike T, L not released from covs when reversion
  1. van apply to T, then failing which court
5. privity of estate rules
subleases
1. no priv of con or est rules
  1. btwn L1 and subT
  2. restrictive cov may be enforced if sub T has notice- Tulk v moxhay- doctrine of notice
Termination of Leases
1. by forfeiture, expiry, notice, surrender, merger, disclaimer, repudiation and frustration
2. right to forfiet Lease by L is not implied, needs to be a express clause in lease

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	Created by rashmisingh82 over 10 years ago