{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Types of leases fixed term lease fixed duration

Info icon This preview shows pages 12–14. Sign up to view the full content.

View Full Document Right Arrow Icon
Types of Leases Fixed Term Lease : fixed duration Elements : T in EP, paying rent, with consent of L, for a certain maximum duration. The maximum duration must be certain, fact that a lease may come to an end before this does not invalidate it Lace Modes of creation : Always created expressly by written A’t or oral A’t, never implied Termination: the lease ceases to exist automatically when the time is up. Can’t t’e by Notice to Quit unless there is such a clause in the lease agreement Periodic Tenancy: week to week, month to month Elements : T in EP, paying rent, with consent of L Deemed to have certainty of duration bc is regarded as being one for a definite term of the relevant period (eg a year) How long is the period? o Q of fact, based on the intention of the parties o Usually determine period by frequency of rental but may also be by the method of calculation of rent Ladies Hosiery & Underwear
Image of page 12

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
o Method of payment of rent is not legally conclusive (only evidential) Dixon J in Turner v York Overholding tenancies o A rebuttable presumption arises that a yearly PT is created once rent is paid Moore v Diamond but only where the original lease was more than 1 year (dicta by Cussen J in Deattie ) Modes of creation: May be created by express A’t between the parties in deed form or orally at the commencement of the agreement PT may be implied by operation of law : where the T enters into possession and pays rent pursuant to an invalid fixed-term lease, T may hold a fixed-term agreement at equity and a PT at law Walsh v Lonsdale Four modes of creation : 1) Written agreement: (rare because of parties are going to do it written they’ll usually do a fixed term lease) 2) Oral agreement: where you have parties who are negotiating a fixed term lease but the landlord says something like my lawyer happens to be away for a month, I’m happy for you to go into the property and pay weekly and when my lawyer gets back we’ll draw up an agreement. 3) Invalid fixed term lease: parties have believed that they’re executing a valid fixed term lease; so the tenant goes into possession and pays rent according to that lease, but for some reason the lease is invalid. Court says that the tenant is in possession of the land and they’re paying rent, so the court will imply a periodic tenancy. Downfalls; the terms of the written contract don’t apply. 4) After expiry of a fixed term lease: the landlord is happy for you to keep paying the rent and staying in the property after the agreed lease has expired. The only anger with this is that you can be asked to leave with only one month notice. NOTE : After a fixed term lease then the terms of that fixed lease carry over - Prudential Assurance Termination: Will continue indefinitely until determined by proper notice of either party Need to give notice of a duration that is equal to the duration of the PT, eg. one week notice for weekly PT. Yearly tenancy only requires 6 months notice Prudential Assurance Tenancy at Will Elements: T is in EP and pays no rent with consent of landlord: eg. house-sitter
Image of page 13
Image of page 14
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern