Summary Lease notes with academic commentary LAW242
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Course
Land Law (LAW242)
Institution
The University Of Liverpool (UoL)
First class notes for lease problem questions. Covers key case judgments and notable academic debate - highlighting judicial dissent, uncertainties, ambiguities, etc. The structure flows by breaking down each concept first so that the content is easily digestible.
Leases are recognised as an estate in land capable of subsisting in law or equity per s1(1)(b) LPA
1925.
Why are leases to be contrasted to licences?
Licences are mere personal interests over land that bind in personam (Thomas v Sorrell).
The distinction between a lease and a licence is important because leases confer tenants greater
security of tenure via multiple statutory protections such as the Landlord and Tenant Act 1988,
whereas a licensee is vulnerable to the whim of the licensor.
Lord Templeman's hallmarks of a lease
An occupier of premises is either a 'lodger' (i.e. licensee) or a tenant per Lord Templeman in
Street v Mountford. The three hallmarks of a lease are: Exclusive possession; Term certain; Rent.
Bruton lease
The Bruton lease is an exception to nemo dat non quod habet. A lease was found because of
Lord Templeman’s hallmarks being evident. However, the effect of the Bruton lease per Kay
was that it was merely binding on the grantor and not any third party.
Luba QC (1999) reflects that the Bruton lease veins conflict with his image of land law being a
tree, whereby if you cut the branch, with it falls the twig.
Formalities
An interest only appears in reality if it adheres to the required formalities.
• Leases for more than three years must be created by deed per s.52(1) LPA 1925. The
requirements of a deed are in s.1(2)-(3) LP(MP)A 1989.
• Leases for less than three years for rent and immediate possession can be created by deed
per s.52(1) LPA 1925; s.1(2)-(3) LP(MP)A 1989 or a contract in writing in accordance
with s2(1) LP(MP)A 1989.
Registration of a lease is only necessary should it be for a term of 7 years or more per
s.27(2)(b)(i) LRA 2002. Leases below 7 years take effect as overriding interests per
schedule 3 paragraph 1 LRA 2002.
Birks (1998) regards formality as one of his five keys that facilitate land law. For Birks,
adherence to formality provides certainty for third parties wanting to know what exists over the
land.
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