Term 2 2019 student handout 2 Leases doc-2.doc - TERM TWO LAND LAW 2019 WEEK 2 LEASES Reading Bray Unlocking Land Law 6th ed Chap 13 Dixon Modern Land

Term 2 2019 student handout 2 Leases doc-2.doc - TERM TWO...

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TERM TWO LAND LAW 2019 WEEK 2 LEASES Reading Bray Unlocking Land Law 6 th ed Chap 13 Dixon Modern Land Law 11 th ed Chap 6 Clarke and Greer Land Law 6th ed Chap 5 1. DEFINITION A lease gives a person the exclusive right to enjoy land for a specified period of time. It is a legal estate in land under the Law of Property Act 1925 s.1 (1) (b) – referred to as a term of years absolute. Leases are created by contract but they give proprietary rights in the land although traditionally leases only gave rise to personal rights rather than proprietary rights. Not all contracts relating to the occupation of land for a limited period give rise to a lease; some may be licences which do not receive the same protection as leases as they are not proprietary interests in land. The difference between a lease and a licence is one of the key issues in land law. 2. TYPES OF LEASES (i) Fixed-term tenancy This is a lease for a set period which may be as long or as short as the parties agree. Under the LRA 2002 leases for longer than 7 years have to be registered with the Land Registry. Most short-term leases do not require registration but may be granted protection as overriding interests, see Schedule 3 LRA 2002 and s.4 (1)(c)(d). A fixed term lease will end at the end of the time period of the lease but may be ended earlier if the tenant breaks any of the covenants contained in the lease. In a long lease, there may be a break clause which will allow either of the parties to terminate the lease by giving a period of notice laid down in the lease. Increasingly break clauses are put into shorter leases. 1
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(ii) Periodic tenancies A periodic tenancy continues from week to week, month to month or year to year according to the express or implied period of the tenancy. If the tenancy is created expressly, the frequency with which the rent is payable will be stated. If not the period of the tenancy will be referable to the expected frequency of the rent. If the rent is stated to be £1200 per year payable monthly that will be a monthly periodic tenancy; if payable weekly it will be a weekly periodic tenancy. Note LPA 1925 s.52(2) A periodic tenancy may be implied from all the circumstances such as the period for which rent is paid. It will usually arise where there was supposed to be a written lease and it has not been completed and the lessee moves in and begins to pay rent which is accepted by the landlord. It may also arise where the tenant stays on at the end of a formal lease and pays rent. Javad v Aqil [1991] 1 WLR 1007 (iii)Tenancy at sufferance Where a tenant holds over at the end of a tenancy without the consent of the landlord s/he is held to be a tenant at sufferance and can be given notice to quit of one month. Once rent is accepted this can become a periodic tenancy.
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  • Summer '19
  • Law, The Land, landlord, Leasehold estate, Rental agreement, Mountford Marchant

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