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Landlord and Tenant Law Quiz on Distiction between licences and leases, created by nathan_hutchings on 07/05/2013.

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Distiction between licences and leases

Distiction between licences and leases

Question 1 of 23

1

Occupier has permission to use the premises, but has no estate or interest in it

Select one of the following:

  • Lease

  • Licence

  • Exclusive possession

Explanation

Question 2 of 23

1

Bare Licence

Select one or more of the following:

  • Licensee gives no valuable consideration

  • Valuable consideration given

  • Can be revoked anytime

  • Licence has to run its course otherwise breach of contract

  • E.g. Entering a shop

Explanation

Question 3 of 23

1

Contractual licence

Select one or more of the following:

  • Licence has to run its course otherwise breach of contract

  • Valuable consideration given

  • Licensee gives no valuable consideration

  • Can be revoked anytime

Explanation

Question 4 of 23

1

A license

Select one or more of the following:

  • Common law has to run its course otherwise breach of contract

  • Will not bind purchaser to freehold reversion

  • Licence cannot be bought and sold

  • Section 52 (3) Law of Property Act 1925

  • Licensee has no right to remain if licensor sells land

Explanation

Question 5 of 23

1

Wells V Kingston 1875 - Ship owner and Dry dock owner

Select one of the following:

  • Licence

  • Lease

Explanation

Question 6 of 23

1

Distinction between lease and licence - Occupier occupied furnished room

Select one of the following:

  • Lace v Chantler

  • Walsh v Lonsdale 1882

  • Antoniades v Villiers 1988

  • Facchini V Bryson 1952

  • Street v Mountford 1985

  • Heslop V Burns 1974

Explanation

Question 7 of 23

1

Street v Mountford 1985 - Occupier occupied furnished room

Select one or more of the following:

  • Presumption in favour of a lease

  • Form of agreement not substance of agreement

  • Substance of agreement not form of agreement

  • Presumption not in favour of a lease

Explanation

Question 8 of 23

1

Did not have exclusive possession

Select one or more of the following:

  • AG Securities v Vaughan

  • National car parks v Trinity Development Co 2001

  • Walsh v Lonsdale 1882

  • Wells V Kingston 1875

  • Street v Mountford 1985

Explanation

Question 9 of 23

1

Exceptions: No intention to create legal reltions - Old man allowed couple to live rent free

Select one of the following:

  • Walsh v Lonsdale 1882

  • Wells V Kingston 1875

  • Facchini V Bryson 1952

  • Heslop V Burns 1974

  • Antoniades v Villiers 1988

Explanation

Question 10 of 23

1

Service Occupancies

Select one of the following:

  • Licence if employee occupying property for better performance of job

  • Landlord and Tenant relationship

  • Licence if employee is not occupying property for better performance of job

Explanation

Question 11 of 23

1

Service Occupancies

Select one of the following:

  • Lace v Chantler

  • Walsh v Lonsdale 1882

  • Facchini V Bryson 1952

  • Antoniades v Villiers 1988

  • Heslop V Burns 1974

  • Street v Mountford 1985

Explanation

Question 12 of 23

1

Multiple sharing arrangements

Select one or more of the following:

  • By granting rights of shared occupation and reserving right not to move other occupiers into premises Landlord creates a licence

  • By granting rights of shared occupation and reserving right to move other occupiers into premises Landlord creates a licence

  • No individual occupier has exclusive possession

  • All individual occupiers have exclusive possession

Explanation

Question 13 of 23

1

Multiple sharing arrangements - Four bedroom flat - four occupiers

Select one of the following:

  • Walsh v Lonsdale 1882

  • AG Securities v Vaughan

  • Antoniades v Villiers 1988

  • Wells V Kingston 1875

  • Facchini V Bryson 1952

Explanation

Question 14 of 23

1

AG Securities v Vaughan

Select one or more of the following:

  • Four occupiers of a four bedroom flat had exclusive possession

  • Four occupiers of a four bedroom flat

  • Seperate licence agreements

  • One lease

Explanation

Question 15 of 23

1

Held to be one single lease for a couple occupying flat even though agreements stated to be two seperate licences

Select one of the following:

  • Antiades v Villiers 1988

  • Walsh v Lonsdale 1882

  • Lace v Chantler

  • Wells V Kingston 1875

  • Facchini V Bryson 1952

Explanation

Question 16 of 23

1

Does the owner retain degree of control incompatible with occupier having exclusive possession

Select one or more of the following:

  • Multiple sharing arrangements

  • Provision of services

  • Sham clauses

  • Business premises

  • Lodger

  • Licence

Explanation

Question 17 of 23

1

Sham clauses - Couple occupying flat

Select one of the following:

  • Lace v Chantler

  • Walsh v Lonsdale 1882

  • Street v Mountford 1985

  • Antoniades v Villiers 1988

  • Heslop V Burns 1974

Explanation

Question 18 of 23

1

Antoniades v Villiers 1988 - Couple occupying one bedroom flat

Select one of the following:

  • Owner reserved right to himself, not realistically exercisable

  • Owner reserved right to himself, realistically exercisable

  • Owner did not reserve right to himself, not realistically exercisable

Explanation

Question 19 of 23

1

Retention of key by Owner

Select one of the following:

  • Denies exclusive possession

  • Only licence if key enables owner to provide services

  • Lease if key enables owner to provide services

Explanation

Question 20 of 23

1

Aslan v Murphy

Select one or more of the following:

  • Retention of key by owner

  • Lease

  • Licence

Explanation

Question 21 of 23

1

Business Premises

Select one or more of the following:

  • Same principles apply

  • Same principles do not apply

  • Courts more willing to find leases

  • Courts more willing to find licences

Explanation

Question 22 of 23

1

Licence - Business premises

Select one of the following:

  • Antoniades v Villiers 1988

  • National car parks v Trinity Development Co 2001

  • Aslan v Murphy

  • Street v Mountford 1985

Explanation

Question 23 of 23

1

Owner retained some control

Select one of the following:

  • National car parks v Trinity Development Co 2001

  • Street v Mountford 1985

  • Wells V Kingston 1875

Explanation

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