Lease or License ( Ben's section)

Factors from NZ Fish and Game v AG that confer a lease

• exclusive use and the owner must ask permission to come on to the property

• purpose of the lease

• obligations and responsiblities consitent with a lease

Fatac v IRD

exclusive possession is the corner stone of a lease rent is often an indicator

defined period

there MUST be a defined period for a lease but under s 12 of the PLA there can be leases for incosntitent period e.g. every saturday Smallwood v sheppards

Street v Mountford

Does not matter the labels party places on it a fork is a fork even if called a spoon

Sealink

• this was a license as can be seen from the contract and the fact they had mere permission to use the morring poles they could not exclude the owners from them

what types of lease

• registered lease under s 24 of the PLA

• equitable lease which has been part preformed s 26 of the pla

• short term lease which is less then one year and is part preformed per s 26

Cancellation of a lease

must follow s 12 in accordance with s 244 of the PLA.

• If it is purley for failure to pay rent then the moment it is paid then there is the presumption that relief will be granted Mullholland v Waimarie

• Strong v Hurunui, if the problem can be fixed quickly and the break down and communications is not to bad then likley not going to cancel there was also going to be large financial implications on the tenant.

• Sidbrad v Kanters and Edwards, where the damage is so bad and the break down in communications can not be easily fixed then it may be cancelled

• also consider the studio x factos

studio x factors

• the financial position of the tenant

• the conduct of the landlord

• the number and severity of breaches

• weather they were deliberate breaches