Lecture notes
Lecture Notes Leases
- Module
- Land Law
- Institution
- University Of Bristol (UOB)
Lecture Notes Leases
[Show more]
Seller
Follow
Content preview
Lecture 3 – LeasesTopic general: What is the difference between a lease and a license?
Definition of a lease:
Contract between one party, the landlord/ or lessor to grant another person, the
tenant/ the lessee, the right of (1) exclusive possession of a (2) clearly defined plot
of land for (3) a certain period.
Land law will only create land where there is certainty of the interest. Lease generally
involves the payment of money. Lease is both a contract and a property right.
A leasehold tenancy is a curious mix. One part a personal promise, enforceable
against the parties, and the other part an estate in land, enforceable against the
world; the tension is inherent in the medieval term for it, a ‘chattel real’. - M.
Wonnacott, The History of the Law of Landlord and Tenant in England and Wales
(2012), pp 1-2.
Second reason for leases: because they are one of the two estates in land, capable of
existing as a legal estate. Section 205 of LPA, definition section, contains the definition
of term of years absolute. See handout. You can have a lease for an hour, for a day etc.
I) HISTORY OF LEASES
Leases derive from feudalism. Living embodiment of the feudal tenure. The distinction
between a lease and a license is wafer thin. Very difficult to distinguish. So, social
context is key. Fundamental underpinning of relationship between landlord and tenant
is that there is a basic inequality of bargaining power. Tenants are always in an unequal
position. Historically, also the case that land lords have tended to exploit that inequality.
During 20th, we went to and fro. First statutory intervention comes in 1915, partly
because of rent strike. Parliament responded by controlling rents, set at a particular
level. Rises could only be made in accordance with central government. ‘Old fashioned
rent control’.
This was combined with security of tenure between 1915 and 1989, landlord can only
evict you on certain grounds. On death, family can keep tenancy. Only applied to
tenancies, and not all, but most. In 1988, Housing Act 88 brought in deregulation of the
private rented sector. Meant that from then rents were at market rate.
So distinction between lease and license, the more limited protection only applies to
leases, not to licenses. Still more protection than a license though. License can be
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller teddyhunt. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
73918 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now