Land Law: Leases and Licences - Statistics

General Stats
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Answer Stats
Hint Answer % Correct
Three kinds of formalities (1) Express grant (legal)
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What date defines a new and old lease 1 January 1996
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(2) Operation of law (legal)
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(3) Virtue of contract (equitable)
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Examples of where the first characteristic does not amount to a tenancy Act of kindness
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What case rid the last answer of being an essential characteristic? Ashburn Anstalt v Arnold [1988]
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What is this? Assignor guarantees rent and covenants will be followed by assignee
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At sufferance
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At will
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What can a landlord get a tenant to sign who has recently assigned their lease? Authorised Guarantee Agreement (AGA)
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Certainty of term
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Two ways to create equitable leases Contract
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Requirements of (1) Deed (if longer than three years)
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Service occupancy
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Characteristics Exclusive possession
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Other forms of lease/tenancy Fixed-term
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For rent or other consideration
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In writing but not by deed
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Main statutes Landlord and Tenants (Covenants) Act 1995
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Main statutes Law of Property Act 1925
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Burden of covenants passed on to the assignee? New
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No intention to create a legal relationship
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Tenant carries burden of covenants even if the lease is assigned? Old
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What type of tenancies arise from (2) Periodic
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All covenants on the lease are enforceable? Privity of Contract
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Governs relationship between landlord and tenant? Privity of Estate
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Registered (if longer than 7 years)
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Statute that governs these? S.16 LTCA 1995
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Statute for requirements of a contract S.2 LPMPA 1989
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Statute for attaching benefit and burden of covenants to the land S.3 LTCA 1995
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Statute S.54(2) LPA 1925
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Statute for releasing covenants when assigning S.5 LTCA 1995
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What can they NOT guarantee Specific performance of assignee
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Case for 'touch and concern' Spencer's case (1583)
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Case for characteristics of a lease Street v Mountford [1985]
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What is required for a lease under 3 years? Written agreement
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