If the tenant pays rent the taw will become a pt does

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If the tenant pays rent, the TAW will become a PT Does not have to have certain duration Cannot be assigned or subleased Modes of creation : both express (rare) and implied. By implication = Early possession: eg. before the lease (or settlement after sale of land) is finalised, T lives on ppty, no rent paid
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Holding over : eg. Lease expires, T stay with L’s consent, no rent Termination : either party can T’e the lease at any time without notice – two qualifications: TAW will be deemed to end after one year s13 LAA o T must be given a reasonable amount of time to pack up his/her belongings; and o T must be given consent to enter the land to obtain such belongings Tenancy at Sufferance : Elements: T in EP, pays no rent, neither consent nor dissent from the L Modes of creation : implied only – AP can arise b/c no consent of the L Termination: L may bring an action to recover possession of the premises at any time and without notice - two qualifications: o The T must be given a reasonable amount of time to pack up his/her belongings; and the T must be given consent to enter the land to obtain such belongings. After the once year the tenancy of sufferance has ended and you then are an adverse possession (to gain exclusive possession of the property as an adverse possessor you need to do so for 15 years) Note : uncertain duration under this lease but once again the law regards people in this situation as being in the relationship of tenant/landlord; this was so the law could bypass adverse possession. EXAMPLE : James who has a fee simple, he gives a life estate to A for the life of B. B dies, so A’s life estate has suddenly ended. Art this point in time, James would have the right to take possession of the property but he might not know that B is dead and so we have is the situation of A in exclusive possession of the land no longer pursuant to the life estate, not paying rent nor does he have the permission or refusal to be on the land in that capacity. - It’s a pretty weak lease, but it is a better interest than a trespasser. IF NOT REGISTERED, LEASE UNDER THREE YEARS IS EQUITABLE AND NOT LEGAL!
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ESSENTIAL CHARACTERISTICS____________________________________ lease vs contractual licence LEASE VERSUS CONTRACTUAL INTEREST Property interest (estate) Not a property interest Enforceable against the world Enforceable against licensor Right to exclusive possession Right to occupy the land Must be of certain duration Of certain or uncertain duration 1) The Right to exclusive possession a. Radaich v Smith b. Street v Mountford Once you have exclusive possession – then you are dealing with a lease. If you do NOT have exclusive possession , then it is not a lease – at most you’re dealing with a licence.
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LICENCES_________________________________________________________ DEFINITON : A licence gives the licensee permission to do something on land that would otherwise be unlawful (eg. Entry, use, occupation) o It will never be exclusive possession Characteristics (look at table used previously) There are three types: o A bare licence o A licence coupled with a grant o A contractual licence BARE LICENCE DEFINTION Permission to enter onto the land of another person with or without conditions attached.
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