Leaseholds

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Lease definition

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Agreement creating an interest in land for a fixed or ascertainable period; requires landlord and tenant; forms the legal estate called a term of years absolute under s.1(1) LPA 1925

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Lease as estate and contract

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Leasehold is both a legal estate in land and a contract with covenants that last for its duration

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37 Terms

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Lease definition

Agreement creating an interest in land for a fixed or ascertainable period; requires landlord and tenant; forms the legal estate called a term of years absolute under s.1(1) LPA 1925

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Lease as estate and contract

Leasehold is both a legal estate in land and a contract with covenants that last for its duration

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Assignment vs sublease

Assignment sells the existing lease with no new lease created; sublease grants a new shorter lease under the head‑lease

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Essential characteristics

Lease must give exclusive possession; be for a fixed or certain term; and satisfy formalities

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Exclusive possession meaning

Right to exclude all others including the landlord; without it the arrangement is a licence

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Street v Mountford

Case confirms that substance not label decides lease; exclusive possession for a term at rent creates a lease

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Licence distinction

Licence is a personal right only enforceable between original parties and cannot be assigned

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No exclusive possession example

Westminster v Clarke held hostel occupier was licensee due to shared facilities and staff access

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Fixed or certain term rule

Lease must have a definite maximum length under s.205(1)(xxvii) LPA 1925

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Uncertain term invalid case

Lace v Chantler voided lease for duration of the war as term was uncertain

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Prudential v LRB

Lease that lasted until land needed for road failed for uncertainty; periodic tenancy arose by occupation and rent

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Berrisford v Mexfield

Supreme Court upheld certainty rule but viewed it as outdated and for Parliament to reform

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General formalities

Legal lease must be granted by deed per s.52(1) LPA 1925 and s.1 LPMPA 1989

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Short lease exception

Lease ≤ three years in possession at best rent and without fine can be oral under s.54(2) LPA 1925

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Criteria for s.54(2)

Term not exceeding three years; tenant in possession immediately; rent close to market; no premium

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Assignment formalities

All assignments of existing leases must be by deed as in Crago v Julian

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Equitable lease

Arises where a valid agreement exists but deed or registration requirements are unmet; equity enforces it as in Walsh v Lonsdale

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Types of leases

Fixed‑term lease ends automatically on expiry; periodic tenancy continues indefinitely until proper notice is given

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Periodic tenancy creation

Can be express or implied when tenant holds over and rent is accepted

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Ending periodic tenancy

Notice to quit must match the length and end of a period unless parties agree otherwise

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Express covenants

Written promises such as pay rent; repair; insure; no alterations; quiet enjoyment by landlord

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Implied landlord covenant

Quiet enjoyment protects tenant from disturbance by landlord or those claiming under landlord

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Quiet enjoyment breach example

Owen v Gadd where scaffolding blocked shop entrance and landlord was liable

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No derogation from grant

Landlord must not act to frustrate purpose for which lease was granted

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Implied tenant covenant

Tenant must pay rent; take reasonable care; and use premises in tenant‑like manner

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Alienation covenants

May be absolute; qualified requiring consent; or fully qualified where consent cannot be unreasonably withheld

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Reasonableness standard

Landlord refusal of consent must relate to landlord‑tenant relationship as in International Drilling Fluids v Louisville Investment

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LTCA 1995 overview

For leases from 1 Jan 1996 covenants pass automatically to assignee; outgoing tenant released on assignment under s.5

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Authorised Guarantee Agreement

Outgoing tenant may guarantee assignee’s performance under s.16 LTCA 1995 until next assignment

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Privity before 1996

Original tenant remained liable after assignment and landlord could sue due to privity of contract

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Spencer’s Case

Real covenants run with lease so assignee takes benefit and burden while holding the term

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Overriding lease right

Former tenant who pays entire sum under s.17 notice can claim an overriding lease under s.19 LTCA 1995

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Landlord remedies rent

Sue for debt within six years or use Commercial Rent Arrears Recovery after seven days arrears with notice

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Forfeiture basics

Landlord may re‑enter to end lease if right reserved and not waived; court can grant relief

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Notice for forfeiture

s.146 LPA 1925 requires notice specifying breach and time to remedy except for rent arrears

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Relief against forfeiture

Court may restore lease if breach remedied and costs paid; equitable discretion applies

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Tenant remedies

Damages specific performance or injunction for landlord breach of covenant such as quiet enjoyment