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Leases Tutorial I
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Exam study book Complete Land Law of Barbara Bogusz, Roger Sexton (Leases ) - ISBN: 9780198793250, Edition: 1, Year of publication: 2017 (Leases Tutorial I)
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QuestionJonathan and Keith met at a university party fifteen years ago. They have been best friends
ever since. Last year, their relationships with their respective partners broke down. They both
needed a place to live and decided to share a flat.
Jonathan and Keith noticed the following advertisement in a local newspaper: ‘Three-
bedroom furnished flat. Excellent condition. £2,000 per calendar month.’ They responded to
the advertisement and arranged a viewing with Lester, the owner of the property. During the
course of the viewing, Jonathan and Keith told Lester that most of their work was done from
home and they asked him to replace the bed in one of the bedrooms with a desk. Lester agreed
to do so. Happy with this arrangement, and with the location and general condition of the flat,
Jonathan and Keith decided to take it.
On 1 December 2016, Jonathan and Keith entered into separate agreements with Lester. The
agreements were identical in all material respects and contained the following provisions:
1. This is a licence agreement; it is not a tenancy agreement.
2. This agreement shall commence on 1 December 2016 and end on 1 December 2018.
3. The licensee agrees to pay £1,000 per month for the use of the flat.
4. The licensor reserves the right to enter the flat in order to carry out emergency repairs;
and the right to retain keys to access the flat for that purpose.
5. The licensor reserves the right to allow other persons to share the flat with the
licensee.
Jonathan and Keith signed their individual agreements, and Lester signed both agreements.
Three months ago, Jonathan accepted a job overseas and moved out of the flat. In the last two
months, Lester charged Keith £2,000 for the use of the flat. Keith did not raise any objection
because he was happy to continue living in the flat on his own.
Last week, Lester sold the flat to Matthew. Matthew told Keith he must leave the flat by the
end of the month.
Advise Keith.
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