Upcoming Exam Format

• Duration: 30 minutes
• Questions: 10 multiple choice
  • 5 questions will relate to the first scenario.
  • 5 questions will relate to the second scenario.
• Preparation: Familiarize yourself with scenarios available for a week.

Understanding Multiple Choice Questions

• Focus on the Details: Answers may be similar; precision in understanding the questions is essential.
• Required Familiarity: Read the scenarios deeply, write notes as if preparing for an essay, and define key legal questions.
• Example Question Format: May not directly state the legal issue, but will effectively ask about it.

Suggested Preparation Strategies

• IRAP Framework:
  • Identify (issue)
  • Rule (applicable law)
  • Application (application of law to facts)
  • Conclusion (summary of insights).
• Practice Writing: Draft notes based on your view of scenarios to anticipate possible questions.

Test Question Types

• True/False Questions: Understand basic legal concepts.
• One Answer or Multiple Answers: Carefully assess the questions to select the correct response.
• Scenario-Based Questions: Familiarity with legal principles and cases like Radish and Mountainford is critical.

Properties and Equitable Interests

• Obligations: An equitable interest does not eliminate the need to fulfill obligations. Example: A leaseholder must meet conditions even if they have a lower lease cost.
• Breach of Contract: Failure to comply may lead to the landlord's ability to reclaim property.
• Key Cases:
  • Street and Mountainford: Concept of exclusive possession which differentiates leasehold from licenses.
• Leasing Context: Importance of identifying leased property through diagrams.

Lease vs. License Comparison

• Lease:
  • Exclusive possession and certainty of duration (defined terms).
• License:
  • Lack of exclusive possession; generally terminable with short notice.
  • Not legally binding for a specific period; more convenient for temporary use.
• Key Distinctions:
  • Rent is not an essential feature of a lease; may exist in rent-free periods.
  • Review of scenarios for options: landlords must notify tenants about lease renewals or options.

Assignment and Subleases

• Assignment:
  • A tenant can assign their lease with landlord’s consent; the lease obligation transfers to the assignee.
  • No direct contractual relationship exists between the landlord and subtenant unless noted.
• Sublease:
  • Typically requires landlord consent to prevent issues of obligations transfer to non-contracting parties.
• Critical Points Regarding Covenants:
  • Caution with lease agreements that include clauses preventing subleasing without consent.

Key Legal Terms & Concepts

• Equitable Interest: An interest in land due to a lease agreement that carries obligations and rights.
• Covenants by Statute and Common Law: Implied legal requirements that may carry with the lease when the property is transferred.
• Risks and Legal Framework: Importance of assessing both the legal position and effective compliance with agreements to protect tenant interests.

Conclusion and Tips for Exam Preparation

• Use Practical Examples: Apply case studies and personally relevant examples to understand complex topics.
• Stay Informed: Keep updated on recent changes in legislation, particularly related to leasing and tenant rights.
• Active Participation: Engage during class discussions and utilize provided scenarios for valuable insights on likely exam content.