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Lecture notes

Leasehold Estates

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Detailed notes relating to leasehold estates. Helped me achieve a distinction (83) in my final exam.

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  • September 20, 2016
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  • 2015/2016
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By: szekiho • 7 year ago

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GDL1
Land Law| Legal Estates in Land: Leaseholds

Leaseholds

 Leasehold (term of years absolute) = created when one party with an estate in land grants temporary
rights to the other party to enjoy exclusive use of that land.
 Lease = for a lesser term than the landlord has.
 Leases can be used for residential, commercial and agricultural property.
 It is important to distinguish a lease from a licence.
- Lease = proprietary right in land: s1(1)(b) LPA 1925
- Licence = personal right

LPA 1925

s1(1)(b) LPA 1925: leasehold = term of years absolute
s205(1)(xxvii) LPA 1925: ‘years’ includes a term of less than a year

 Grantee: tenant/lessee/leaseholder
Terminology  Grant: original creation of a lease
 Leases are also  Assignment: passing on/selling an existing lease
described as:  Head lease: original lease out of which a sub-lease is made
- A tenancy: usually  Reversion: the right that the landlord has after leasing a property
short term leases
- A demise
- A term of years
 Grantor = landlord

Essential characteristics of a lease

- A lease must have:
1) Certainty of a term
2) Exclusive possession:
(Street v Mountford)

- Payment of rent is not essential (s205(1)(xxvii) LPA 1925), but it is a factor to take into account.

Certainty of term

- The estate must be held for a certain duration of time.

Fixed Term: maximum duration of the arrangement is known from the Periodic Term: arrangement
outset (Lace v Chantler). runs from period to period and
the period is automatically
renewed until a notice to quit is
- Once created, a fixed term lease cannot be terminated unilaterally by served.
either party.
- EXCEPTION: there is a break clause which allows such termination. Periodic terms can be:
1) Expressly stated in a written
 Anstalt v Arnold: arrangement not for a fixed term, but the court held agreement,
that it was a lease because both parties had the ability to bring the 2) Implied by looking objectively
arrangement to an end, therefore the term was not uncertain. – has now at all relevant circumstances,
been overruled by the case below. including the acceptance of
rent payments on a periodic
 Prudential Assurance v LRB: leased to tenant until the land was basis.
required for road widening – new freehold owners, had no rights to build
road and sent the lessee a notice to quit.

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