Land Law: Leases and Licences

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Last updated: May 27, 2024

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First submitted	April 29, 2024
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Main statutes	Law of Property Act 1925
Main statutes	Landlord and Tenants (Covenants) Act 1995
Case for characteristics of a lease	Street v Mountford [1985]
Characteristics	Exclusive possession
	Certainty of term
	For rent or other consideration
What case rid the last answer of being an essential characteristic?	Ashburn Anstalt v Arnold [1988]
Examples of where the first characteristic does not amount to a tenancy	Act of kindness
	No intention to create a legal relationship
	Service occupancy
Three kinds of formalities	(1) Express grant (legal)
	(2) Operation of law (legal)
	(3) Virtue of contract (equitable)
Statute for requirements of a contract	S.2 LPMPA 1989
Requirements of (1)	Deed (if longer than three years)
Requirements of (1)	Registered (if longer than 7 years)

What is required for a lease under 3 years?	Written agreement
Statute	S.54(2) LPA 1925
What type of tenancies arise from (2)	Periodic
Two ways to create equitable leases	Contract
Two ways to create equitable leases	In writing but not by deed
Other forms of lease/tenancy	Fixed-term
	At will
	At sufferance
Which privity?
All covenants on the lease are enforceable?	Privity of Contract
Governs relationship between landlord and tenant?	Privity of Estate
What date defines a new and old lease	1 January 1996
Statute for attaching benefit and burden of covenants to the land	S.3 LTCA 1995
Statute for releasing covenants when assigning	S.5 LTCA 1995
New or old lease?:
Tenant carries burden of covenants even if the lease is assigned?	Old
Burden of covenants passed on to the assignee?	New
Case for 'touch and concern'	Spencer's case (1583)
What can a landlord get a tenant to sign who has recently assigned their lease?	Authorised Guarantee Agreement (AGA)
What is this?	Assignor guarantees rent and covenants will be followed by assignee
What can they NOT guarantee	Specific performance of assignee
Statute that governs these?	S.16 LTCA 1995

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