100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Land Law - Leases and Licenses Summary/Problem Question Structure £8.16
Add to cart
Quickly navigate to
Preview
  2.  
  3. Oxford University (OX)
  4.  
  5. Land Law

Summary

Land Law - Leases and Licenses Summary/Problem Question Structure
 0 purchase

Comprehensive summary/exam notes on the topic of leases and licenses in Land Law. This document covers the content requirements for a lease set out in Street v Mountford (exclusive possession, for a term, and at a rent), the special case of a Bruton tenant, the formalities required for a lease unde...

[Show more]

Preview 1 out of 4  pages

Document information

  • October 7, 2024
  • 4
  • 2022/2023
  • Summary

Subjects

Written for

All documents for this subject (22)

Seller

avatar-seller
bethjscott5713

Reviews received

Content preview

Leases and Licences
1. Distinction between a lease and a licence
Lease = a proprietary interest in land, granting the owner the right to exclude all
others, including the landlord, from the land for the duration of the term.
On stronger ground if have a lease.
Licence = merely gives the licensee personal permission to be on the land.
Not a proprietary interest so will not bind third parties and can only be
enforced against the original licensor.
2. Content Requirements for a lease:
Lord Templeman in Street v Mountford – there are three requirements:
- Exclusive possession of defined premises,
- For a term,
- And at a rent.
a. Exclusive Possession:
Means that the tenant has the legal right to exclude anyone from the property,
including the landlord.
There is a difference between exclusive possession and exclusive occupation.
Watts v Stewart
Right to occupy one room and shared facilities:
AG Securities v Vaughan – didn’t have a lease on the facts but said
that it was possible for there to be exclusive possession.
Was a fluctuating population, changing around of tenants,
rooms were not being allocated by landlord but between
people and some people would move around between rooms.
May be able to distinguish on the facts.
If B doesn’t have the right to exclude the world (only has a licence from A),
cannot give C the right to exclude the rest of the world.
BUT – even if B did acquire an estate in land, cannot give C the right
to exclude A.
What if clause that landlord can enter at any point for structural repairs?
Would suggest that don’t have exclusive possession but can read it
out as a sham clause.
Aslan v Murphy – landlord held onto the key, just a pretence not
significant enough.
Significant thing = is there any indication that they relied on
this clause? I.e., was it a clause they truly intended to rely
on?
Street v Mountford – as long as landlord’s right of access is restricted
(e.g., to emergency structural repairs), then still have exclusive
possession.
b. Certainty of Term:
Means that the precise length of the lease must be known.
Caveat = Mexfield Housing v Berrisford
If an uncertain term, lease can be treated as if for life.
Logic = pre-1925, leases for uncertain duration were interpreted as
“leases for life”.
s.149(6) LPA 1925 – turns leases for life into leases for 90 years.
Must be no contrary intention:
e.g., “temporary period until A requires it” = contrary
intention.
Southward v Walker –
Tenancy provided that C would only terminate with
notice on specified grounds which included non-

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

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 bethjscott5713. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £8.16. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

70713 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 15 years now

Start selling
£8.16
  • (0)
Add to cart
Added