University of Essex School of LawAssignment Feedback and Cover Sheet(Do not write your name on this sheet or your essay)Module Name: LW335-6-AU COMMERCIAL PROPERTY IRegistration Number:1702079Number of Words: 2500Date Submitted: 17 January 2018A five mark penalty will be applied where no word count is provided, or the word count isinaccurately stated to be within the required limit.I have read and understood the University Regulations on Academic offences.I certify that the attached is all my own work and that the word length stated above is accurate[[I worked with a student in writing/researching this essay - RegistrationnNumber:DO NOT WRITE BELOW THIS LINEContent and researchExcellentGoodSatisfactoryWeakPoor1
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Key areas for improvementCommentsMark:Deductions:Final Mark:( Subject to External Examiner)Reason(s) for Deduction:Signed by Marker___________________________________Date:____________________Introduction:It is stated in the question given that the European Medicines Agency (EMA), the tenantrents an office block which locates in the city of London from Wivenhoe Ltd, the landlordand uses it as its headquarters. However, it needs to move to Monteport, Castalia by 19March 2019 due to the decision of United Kingdom (UK) to withdraw from European Union(EU). Thus, EU demands UK to pay £456 million for the reimbursement of EMA’s rent3
payments starting with the one due on 25 March 2019 until the end of the lease. However,Her Majesty’s Government is unwilling to pay that sum and wishes to reduce its liability.Therefore, the main issue which will be discussed here is with regards to the ways forEMA to minimise its liability for rent payments after its relocation.Formation of leaseFirst and foremost, it should be ensured that there is a valid lease agreementbetween EMA and Wivenhoe Ltd. There are various definitions of a lease, both in statuteand common law.1However, the definition given by Lord Templeman in his judgement in thecase ofStreet v Mountford2would probably be the most commonly cited one. He held that:"the only intention which is relevant to the creation of a lease is the intention demonstratedby the agreement to grant exclusive possession for a term at a rent.”3Firstly, the person must be given a right of exclusive possession. Exclusive possessionis the hallmark of a lease which is defined as the degree of control exercised over theproperty by the lessee.4Then, there must be a certain term which means that both partiesshould know about the duration of the lease when the lease is created and lastly, there mustbe a payment of rent.On the facts, it is clearly shown that all the elements are satisfied. In clause 1.2 of theagreement, it is stated that EMA may use the premises for the purpose of running an office1 Martin Dixon,Modern Land Law, (10thedn, Routledge Taylor & Francis Group London and New York, NewYork 2016) 219.