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Law 1122 Leases and Licenses Notes
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Comprehensive and detailed land law notes on leases and licenses. *Essential!! *Precise!! *For you!!
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Revision notes – Topic 6: Leases and LicensesThe difference between a Lease and a Licence
License = personal right between two people only (personal right; enforceable between the
two parties involved only)
Lease = a right of property (proprietary right; enforceable against any party)
The Nature of a Lease
Three fundamental features of a leasehold:
1. Allows 2+ to enjoy the benefits of owning an estate on the same land at the same
time
- Freeholder (landlord) = rent/profits
- Leaseholder (tenant) = physical possession/occupation of the land
2. Landlord and tenant both have a proprietary right in the land
- Tenant = owns the lease
- Landlord = owns the ‘reversion expectant’ on the lease (the right to
possession when the lease ends)
Both these rights can be sold or transferred when the lease is in existence
3. All leases contain covenants where the landlord and tenant promise to do/not do
certain things in relation to the land – there are 3 types:
- Express covenants: deliberately agreed and written in the lease
- Implied covenants: read into the lease as a matter of law
- Usual covenants: not expressly mentioned but are so common in the
relationship between a landlord and tenant that they are assumed (unless
clearly excluded
All these are enforceable between the original landlord and original tenant
Characteristics of a Lease
Street v Mountford;
Lease = “the arrangement that gives a person the right of exclusive possession of land, for a
term, at a rent”
Four elements, irrespective of purpose:
1. Residential context; Aslan v Murphy
2. Commercial context; Clear Channel UK v Manchester CC
3. Private individual; Antoniades v Villiers
4. Public authority; Westminster CC v Clarke
Creating Legal Leases
Must be created by deed
Equitable leases must derive from a written contract – can be orally via proprietary estoppel
Sub-leases can be made by the tenant making them an intermediate landlord
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