Essentials of a Valid Lease

These flashcards cover the five essential requirements for a valid lease including certainty of term, mode of creation, exclusive possession, and certainty of parties and property, along with relevant case law.

What are the five essentials of a valid lease mentioned in the lecture?

1. Certainty of term, 2. Proper mode of creation, 3. Exclusive possession, 4. Certainty of parties, 5. Certainty of property.

According to the essential of 'certainty of term', what three elements of the tenancy must be certain?

The commencement, duration, and term of the tenancy.

What was the holding in Bosah v Oji regarding leases taking effect on a future occurrence?

Parties must have agreed and be sure that such a contingency will take place.

What is the rule from Okechukwu v Onurah regarding a lease hinged on a future occurrence?

As long as the future occurrence is ascertainable, the lease will be valid.

What was the legal conclusion in UBA Limited v Tejumala and Sons Limited regarding uncertain contingencies?

When the commencement date is stated by reference to a contingency that is uncertain in time, there is no valid lease until the contingency happens.

In Lagos, how is the 'proper mode of creation' for a lease determined by the register of titles?

The register of titles determines the form, and leases are created by the completion of a prescribed form.

What does 'exclusive possession' imply for a tenant?

The tenant enjoys their place without people walking in and out anyhow, though this applies only to their specific flat and not the whole compound.

What did the case of Umezurike v George establish about renting a flat?

Renting a flat in a building does not vest exclusive possession of the entire compound to the tenant, only the specific flat rented.

To satisfy 'certainty of parties', what two conditions must be met by the parties?

They must be sufficiently described and must have the legal capacity to contract.

What happened in the case of Idowu v Williams regarding an unregistered religious body?

A lease granted to an unregistered religious body was held invalid because they did not have the capacity to contract.

According to the principle of 'certainty of property', what three criteria must the property meet?

The property must be sufficiently described, ascertainable, and identifiable.

When must a property be in existence to satisfy the 'certainty of property' requirement for a valid lease?

It must be in existence at the time of creating the leasehold transaction.