Position in equity

Question 1

A failed attempt to create a lease

Answer 1

• there will still be a contract for a lease, according toBrowne v Warner: there was a purported legal lease which did not comply with the formalities and so it was held to be defective as a legal lease. But, the court in the case said equity would recognise the defective lease as a contract for a lease.

Question 2

Case which held a defective lease will not be void in equity

Answer 2

Parker v Taswell

Question 3

Walsh v Londsdale

Answer 3

It must, therefore, comply with s 2 Law of Property (Miscellaneous Provisions) Act 1989: it must be in writing; it must contain all of the express terms of the lease; it must be signed by or on behalf of all parties; there must be consideration and specific performance must not be deniable.

Question 4

Where was specific performance deniable

Answer 4

• The doctrine was held not to apply where: obligations under a lease had been breached, inCoatsworth v Johnson: If the landlord had been forced to execute a sub-lease this would have put landlord in breach.

Question 5

Sub leases

Answer 5

Warmington v Miller: If the landlord had been forced to execute a sub-lease this would have put landlord in breach.

Question 6

Rent not paid

Answer 6

Rouf v Tragus Holdings & Cafe Rouge: where rent was not paid