- Certainty Cases?
—- Harvey v Pratt (future Leases must have a certain start date)
—- Lace v Chantler (There must a a certain end date at outset)
—- Asburn Anstalt v Arnold (retrospective certainty is sufficient/ overruled by Prudential)
—- Prudential Assurance (Leases must have a fixed minimum duration and defined starting date)
—- Berrisford v Mexfield (Most leases of uncertain duration can be transformed in 90yr lease s.149(6))
- Exclusive Possession cases
Exclusive Possession
- Street v Mountford (Lord Templeman)(right to exclude others/strangers including the landlord) (tenant v Lodger)
Terms
- — Aslan v Murphy (EP if term is too minimal or not genuine)(must ask why landlord is keeping the key) (duty=tenant) (service= lodger)
- — Marchant v Charters (Provision of Services indicates no EP)
- — Westminister v Clarke (Right to move occupier to another room indicated no EP)
- — Antoniades (Term to introduce other occupiers) (If term is unrealistic, it will not be considered)
- —Street v Mountford (Lord Templeman) (right to enter the property) (if unlimited= licence)( if limited= E.P)
Unity of Possession
- — Antoniades (Agreements should be read together as a whole)(Both would sign or neither)
- — Vaughan (independent agreements, different rent, different periods, No Unity of Title)
- — Mikeover v Brady (rent and agreements were not interdependent) (no unity of interest)
Exceptions to Exclusive Possession
- — Booker v Palmer (Acts of charity, friendship or generosity are exceptions)
- — Crane v Morris (employees required to occupy for job are exceptions)(more than a fringe benefit)
- Rent Cases?
- Ashburn Ainstalt v Arnold (rent is not required)
- Brown v Gould (rent amount must be certain)
- Formalities Cases/sections?
- S. 1 LPA 1925 (legal or equitable)
- S. 2 LP(MP)A 1989 (contract)
- S. 52(1) LPA 1925 (conveyance)
- s. 27(2) LRA 2002 (more than 7 years) (required to be registered)
- S. 54(2) LPA 1925 (3 yrs or less) (can be oral and legal)
Equity
- Walsh v Lonsdale (a valid contract is required under s.2 LP(MP)A 1989)
- Breach of Covenant Cases/sections?
Peaceable re-entry
—- Billson (Right to apply for relief after forfeiture by peaceable re-entry)
Forfeiture
- Rent (s.212 CLP Act 1852)
- Breach of covenant
Breach of covenant
—- s. 146 (notice of forfeiture)
—- Akicci v Butlin (Neuberger LJ) (most breaches can be remedied)
—- Savva v Hussein (carrying out alterations without consent was remediable by restoring the
property to its original position and paying appropriate compensation to the lessor)
—- Rugby School v Tannahill (Some breaches are incapable of being remedied)
—- Glass v Kencakes (Some remedies can be remedied by evicting the sub-tenant
Releif
- –Billson (Available until final court order)
- — Van Haarlam (Court will not allow forfeiture in some cases if it would be overly harsh)
