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26 Cards in this Set
- Front
- Back
Requirements to be a lease
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1. Exclusive possession
2. Duration must be certain 3. Rent is usual but not required Street v Mountford |
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Before 1985 written document will determine
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Somma v Hazelhurst
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But in commercial transactions the labels count
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Clear Channel v Manchester CC
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If the lessor retains a limited right of re-entry it may still be a lease the test is to ask why the right is retained
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Street v Mountford
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If they retain a key it may still be a lease the question is what is the key kept for? To provide services?
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Aslan v Murphy - had a key but was a lease
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If the owner provides services then there is no exclusive possession
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Marchant v Charters - cleaning provided
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If there was a service provided for in the contract but it was never provided, it may be a license. The test is what the occupier was contractually entitled to, not what he was actually getting.
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Huwyler v Ruddy - cleaning provided then stopped
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Although if a service is in the agreement but never provided it may still be a lease. The test is about unrestricted access.
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Markou v Da Silversea - cleaning in contract but never provided
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If the lessor controls use of the property (i.e.. can move them from one room to another) than it is a license
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Westminster CC v Clarke
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A sham is where the term doesn't reflect the intention or reality of the agreement
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Antoniades ; Aslan
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A pretence is where the clause doesn't reflect the substance/reality of the agreement and one of the parties did not intent to rely upon it
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Antoniades v Villers
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If living there for better performance of their employment duties it is not a lease
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Norris v Checkersfield - Coach driver
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Acts of charity or friendship do not create leases as no intention to create legal relations
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Gray v Taylor
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Rent is usual but not required
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Ashburn Ansalt v Arnold
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If rent is payable the amount must be objectively verifiable
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Brown v Gould - "to be fixed with reduard to market value"
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The start date must be certain
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Harvey v Pratt
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The end date must be certain
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Lace v Chantler - "for the duration of the war"
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Deviation from the certainty rule
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Ashburn Ansalt v Arnold - until needed for redevelopment
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Orthodoxy restored certainty
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Prudential Assurance - "until the road would be winded"
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Certainty protects land lords
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Sparkes (1993) LQR
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Certainty denies parties flexibility
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Bright (1993) Legal Studies
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Periodic tenancy can be implied to solve certainty
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Prudential Assurance
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A lease not exceeding three years can be legal without formalities
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LPA s. 54(2)
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Equitable leases
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No deed if over 3yrs
No registered under seven years |
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Registered Land
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Legal Over 7: registrable disposition
Legal Under 7: Overriding interest Equitable: need to be registered or but if not and in actual occupation may override |
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Unregistered Land
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Legal: binding on all third parties
Equitable: need registered as Class (iv) land charge |