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Land Law - Leases (Exam Plan)

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These notes cover most of the topics taught on the postgraduate conversion courses in the UK (the GDL and the PGDL). They can also cover many introductory papers taught on UK undergraduate Law degrees (LLBs). This document is written in the form of step-by-step exam plans. Compared to standard n...

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  • July 20, 2023
  • 11
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers

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Land Law - Leases

Terminology:

Tenancy: normally applied to short-term lettings, e.g. on a weekly or monthly basis.

Lease: tends to be used when referring to a fixed-term letting. The person
to which a lease is granted is the leasee, the person granting it is the lessor.
- Another term sometimes used is demise

Freehold reversion: when the person holding a freehold interest (i.e. the landlord)
creates a leasehold estate out of the freehold estate, i.e. by granting a lease.




- A (the freeholder) grants a lease to B




-
- A has assigned the freehold reversion to D, must be done by deed (a
conveyance if unregistered, a transfer if the title is registered). D becomes the
head landlord/head lessor. B has assigned their head leasehold interest (a
leasehold reversion) to E. E replaces B as the sublandlord and is D’s tenant and
C’s landlord.

, [STEP 1] Is there a lease or a licence?

Is there a lease or a licence?

A lease is an interest in land and can potentially bind [INSERT PURCHASER]. A licence
is not an interest in land and will not bind [INSERT PURCHASER].

The requirements for a lease are:

- 1) Certainty of duration (Lace v Chantler);
- 2) Exclusive possession (Street v Mountford); and
- 3) Rent - although tenancy may still arise where no rent is payable (Ashburn
Anstalt v Arnold).

Certainty of duration

The parties must know from the outset the start and end date of the lease (Lace v
Chantler).

[APPLY ABOVE USING WHICHEVER IS RELEVANT FROM BELOW]

Fixed term

A fixed term lease must be for a fixed period of time.

- A tenancy for life will be converted into a 90-year lease in order not to violate the
rule of certainty of duration (s.149(6) LPA 1925, as applied in Berrisford v
Mexfield Housing Co-operative).

Termination:

Termination can be…[INSERT METHODS RELEVANT ON THE FACTS]

- automatic at the end of the lease period.
- By forfeiture, where the lease contains a provision that allows the landlord to end
it prematurely if the tenant fails to meet their obligations.
- By a break clause included in the express grant of the lease allowing either party
to serve a notice on the other to end the lease prematurely.

Periodic lease

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