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Leases Flashcards

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1
Q

A.G. Securities Ltd v Vaughan (1988) Facts

A

Furnished four bedroom flat
Individual agreements were entered into for each occupier
Multi-Occupation (4 occupiers)
Rent was different
Period of occupation differed
When one occupier left, he was replaced by another under a new agreement
•Held:
o They were Licensees
o Independent agreements
o Accepted that there could have been separate tenancies of the part of the house
o No unity, title, or interest between them

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2
Q

A.G. Securities Ltd v Vaughan (1988) Principle

A

In Multi-occupation situations, if the agreements are independent from each other:

  • There is no single right of exclusive possession
  • they are not joint tenants
  • The 4 unities do not exists
  • There is no lease, they are separate licences
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3
Q

A.G. Securities Ltd v Vaughan (1988) Topic

A
  • Exclusive Possession
  • Multi-Occupation
  • Joint Tenants
  • 4 Unities
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4
Q

Antoniades v Villiers (1990) Facts

A

•Couple moved into a 2 bedroom flat
•Signed separate, but identical agreements.
oRight for licensor to introduce third occupier
•Held:
o They were joint tenants
o The agreements were interdependent
• Should be read together as a whole
• Both would sign or neither
• Third person clause was unrealistic (Sham)

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5
Q

Antoniades v Villiers (1990) Principle

A
  1. Multi-occupation situation, if agreements are interdependent:
    - They should be read together
    - Should be treated as same document
    - They are joint tenants as long as the 4 unities are present
  2. Term that landlord can choose anyone else to move in with the couple
    o Term was held to be a sham
    o Inserted to mislead the reader to the nature of the agreement
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6
Q

Antoniades v Villiers (1990) Topic

A
  • Exclusive Possession
  • Multi-Occupation
  • 4 Unities
  • Shams
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7
Q

Aslan v Murphy (1989) Facts

A

•Occupant lived in a small basement
•Document stated that he had to share the accommodation with another occupier and vacate the property for 1 hour and 30 minutes each day
•Tenant or lodger?
•Held:
o Occupant was a tenant
o Clauses in the document were “wholly unrealistic and were clerely pretences”

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8
Q

Aslan v Murphy (1989) Principle

A
  • Inserted to mislead the reader to the nature of the agreement
  • Courts can ignore these terms when determining exclusive possession
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9
Q

Aslan v Murphy (1989) Topic

A
  • Exclusive Possession
  • Single Occupier
  • Shams/Pretences
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10
Q

Booker v Palmer (1942) Facts

A 
•Owner of a cottage
•Allowed person who was bombed out of her his to live there for the duration of the war.
•Held:
o	Licence was created
o	Act of Charity
•	No intention to enter legal relations
•	No contractual relationship
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11
Q

Booker v Palmer (1942) Principle

A
  • Acts of Charity is an exception to exclusive possession

- They are licences, cannot be leases

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12
Q

Booker v Palmer (1942) Topic

A
  • Exception to Exclusive Possession
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13
Q

Marchant v Charters (1977) Facts

A

•Single man occupied a room in a large house
•Shared bathroom and cooking area
•Housekeeper clean roomed on a daily bases and changed linens once a week
•Applied to the rent officer for registration of a fair rent
•Owner of house served him notice to quit
•Held:
o It was a licence, not a lease
• Was not intended to have stake in the room

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14
Q

Marchant v Charters (1977) Principle

A
  • Some terms might indicate that exclusive possession cannot exist
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15
Q

Marchant v Charters (1977) Topic

A
  • Exclusive Possession

- Terms in document that might indicate the absence or presence of Exclusive Possession

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16
Q

Mikeover v Brady (1989) Facts

A

•Couple signed separate, but identical ‘licence’ agreements.
•Each were obligated to pay only part of the rent
•One tenant moved out, with the other, D, offering to pay the difference
•D fell into arrears for his half
•P tried to remove him
•D claimed it was a lease
•Held:
o They were independent agreements
• Each paid different amount
o They only had licences

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17
Q

Mikeover v Brady (1989) Principle

A

If 4 unities are not present:

  • No exclusive possession
  • Licence, not a lease
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18
Q

Mikeover v Brady (1989) Topic

A
  • Exclusive Possession
  • Multi-occupation
  • 4 unities
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19
Q

Street v Mountford (1985) Facts

A

•Re-established the primacy of exclusive possession
oDownplayed the stated intentions of the parties
•M signed an agreement, termed a licence agreement
•Right to occupy 2 rooms for weekly licence fee of £37
•At the foot of the document, signed by her, it stated: “I understand and accept that a licence in the above form does not and is not intended to give me a tenancy protected under the Rents Act”
•M sought to have fair rent registered
•Owner argued that she was a licensee, not a tenant
•Held:
o M is a tenant
o Agreement have M exclusive possession of the rooms
o Intention was held to be irrelevant

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20
Q

Street v Mountford (1985) Principle

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A
  • Intention is not as important as the facts when creating a lease/licence
21
Q

Street v Mountford (1985) Topic

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A
  • Lodger v Tenant
  • Exclusive Possession
  • Intention of parties
22
Q

Rugby School v Tannahill (1935) Facts

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A

o Tenant broke a term in the lease (negative covenant)
o Land should not be used for immoral purpose (prostitution)
o Court said this breach was such a breach was incapable of being remedied
o Even if the tenant stopped, there would be a stigma that could not be removed

23
Q

Rugby School v Tannahill (1935) Principle

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A

Forfeiture s. 146 LPA 1925
When can breaches be remedied?
Situation could not be remedied

Bad stigma

24
Q

Glass v Kencakes (1966) Facts

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A

o Immoral use of prostitution was by sub-tenant

o Courts find that if the sub-tenant was evicted, that would be a sufficient remedy

25
Glass v Kencakes (1966) Principle
Forfeiture s. 146 LPA 1925 When can breaches be remedied? Situation could be remedied under s.146 Evict the sub-tenant
26
Ashburn Anstalt v Arnold Facts
• D had lease of business premises • Sold lease to lease, but terms of agreement allowed D to remain on the premises as licensees • Rent free • Until receiving notice that the purchaser was ready to develop the site • Upon redevelopment, D will receive a lease of a shop • Eventually, P acquired both the freehold and lease, accepting the contractual duties to D • P sought possession without serving the notice provided • D argued that it’s lease bound P. • Held: o Agreement was only a licence o Rent is not required for the creation of a tenancy o Licence still bounded P o Possession was refused
27
Ashburn Anstalt v Arnold Principle
o Rent is not required for the creation of a tenancy Retrospective certainty sufficient • Until notice given that premises needed for re-development
28
Walsh v. Lonsdale (principle)
* in equity, 'an agreement for a lease is as good as a lease' * important equitable principle, which has the effect of 'saving' a lease, or other grant, where the parties have attempted to create a legal estate, but have not satisfied the formality, as set out in section 52(1) of the Law of Property Act 1925, of executing a deed. •Must be a contract under s.2 LP(MP)A 1989 o Written o Signed by the parties
29
4 unities of possession?
1) Possession Right to occupy a single property 2) Interest Same period/obligations (rent) 3) Time Acquiring rights at the same time from landlord 4) Title Single rather than separate agreement If ALL YES, they are joint tenants
30
4 Characteristics of a lease?
1) certainty of duration 2) Exclusive possession 3) Rent 4) Lease must be created by using specific formalities
31
Prudential Assurance Co. Ltd v. London Residuary Body Principle
Two important principles in relation to the creation of leases 1. the maximum duration must be certain from the outset. • An attempt to create a lease for a term of uncertain duration such as 'until the land is required for road widening' (or 'until the War is over') did not give rise to a fixed-term lease • Whatever the duration of a lease, the term must be certain: that is, it must have a certain beginning date and a certain end date. 2. Periodic tenancy can arise by implication • based on the fact that the tenant has gone into possession, and the periodic payment of rent thereafter.
32
Berrisford v Mexfield Principle
* Uncertainty of length, in common law, can be transferred into a lease for life” * Lease for life 90yrs * S. 149(6) Prudential rule of certainty would say the lease is void for lack of certainty
33
Van Haarlam Facts
- Tenant breached covenant to not use land for immoral purposes - He was spying - Court granted him relief against forfeiture - He had an 80 yrs lease, only had it for 4 or 5 yrs - to refuse relief would deprive him of a valuable asset - would have been double punishment
34
Van Haarlam Principle
- Court will grant relief if it would be unfair to allow forfeiture
35
Billson Principle
s. 146 notice Apply for relief of forfeiture by tenant held: -Tenant can apply for relief from when notice is served until a judgement order has been delivered - Can still apply for relief after peaceable re-entry
36
Marchant v Charters Facts
- M occupied single room in a large house - term in lease that housekeeper would clean the room daily and clean the linens weekly - Term indicated that Exclusive possession did not exist held: - No exclusive possession - He was a lodger
37
Marchant v Charters Principle
Terms in the lease can indicate that Exclusive possession is impossible
38
Harvey v Pratt Principle
- Future leases - Certainty - they are void unless they have a clear start date - Start date can be expressed or inferred
39
Westminister v Clarke Facts
- Homeless Shelter - C had a room - Term in the contract that W could introduce a second lodger at any time - Held - no Exclusive possession - Term was valid
40
Westminister v Clarke Principle
- Terms that the landlord could introduce a second occupant | - No exclusive possession
41
Bruton Facts
- D received land for charitable purposes (exception to EP) - D rented B - B wanted D to repair the room - D argued not a lease held: - B had a lease - D was capable of creating a non-estate lease - B had Exclusive possession
42
Bruton Principle
B had a lease - D was capable of creating a non-estate lease - B had Exclusive possession
43
Lace v Chantler Principle
- Lease for duration of the war - void for uncertainty - Unclear when it would end
44
1. Certainty Cases?
- Harvey v Pratt - Lace v Chantler - Asburn Anstalt v Arnold - Prudential Assurance - Berrisford v Mexfield
45
3. Exclusive Possession cases
Exclusive Possession - Street v Mountford (Lord Templeman) Terms - Aslan v Murphy - Marchant v Charters - Westminister v Clarke - Antoniades Unity of Possession - Antoniades - Vaughan - Mikeover v Brady Exceptions to Exclusive Possession - Bruton - Booker v Palmer - Crane v Morris
46
2. Rent Cases?
- Ashburn Ainstalt v Arnold | - Brown v Gould
47
4. Formalities Cases/sections?
- S. 1 LPA 1925 - S. 2 LP(MP)A 1989 - S. 52(1) LPA 1925 - s. 27(2) LRA 2002 (more than 7 years) - S. 54(2) LPA 1925 (3 yrs or less) Equity - Walsh v Lonsdale
48
5. Breach of Covenant Cases/sections?
Peaceable re-entry - Billson Forfeiture - Rent (s.212 CLP Act 1852) - Breach of covenant Breach of covenant - s. 146 - Akicci v Butlin (Neuberger LJ) - Rugby School v Tannahill - Glass v Kencakes - Van Haarlam
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