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    Land Law 9 - Lease

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    renisasllani769
    A lease is a contract that creates a legal estate in land for a fixed or periodic term. It requires exclusive possession of the land and either a determinate term of less than the landlord's interest or payment of rent. While a lease must be created by deed to be a legal estate, an equitable lease can also be enforced if the requirements for a contract for the sale of land are met. Equitable leases are binding against third parties if registered as a land charge. For registered land, legal leases over seven years must be registered as a registrable disposition, while those under seven years are overriding interests.

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    Land Law 9 - Lease

    Uploaded by

    renisasllani769
    15 views2 pages
    A lease is a contract that creates a legal estate in land for a fixed or periodic term. It requires exclusive possession of the land and either a determinate term of less than the landlord's interest or payment of rent. While a lease must be created by deed to be a legal estate, an equitable lease can also be enforced if the requirements for a contract for the sale of land are met. Equitable leases are binding against third parties if registered as a land charge. For registered land, legal leases over seven years must be registered as a registrable disposition, while those under seven years are overriding interests.

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    A lease is a contract that creates a legal estate in land for a fixed or periodic term. It requires exclusive possession of the land and either a determinate term of less than the landlord's interest or payment of rent. While a lease must be created by deed to be a legal estate, an equitable lease can also be enforced if the requirements for a contract for the sale of land are met. Equitable leases are binding against third parties if registered as a land charge. For registered land, legal leases over seven years must be registered as a registrable disposition, while those under seven years are overriding interests.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    15 views2 pages

    Land Law 9 - Lease

    Uploaded by

    renisasllani769
    A lease is a contract that creates a legal estate in land for a fixed or periodic term. It requires exclusive possession of the land and either a determinate term of less than the landlord's interest or payment of rent. While a lease must be created by deed to be a legal estate, an equitable lease can also be enforced if the requirements for a contract for the sale of land are met. Equitable leases are binding against third parties if registered as a land charge. For registered land, legal leases over seven years must be registered as a registrable disposition, while those under seven years are overriding interests.

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    of 2

    Land Law 9

    Lease

    A contract and capable of being a legal estate in land (s1 Law of Property Act 1925 (“LPA 1925”).

    Types of leases

    - A fixed term lease/tenancy – expires without the need for notice.


    - A periodic lease/tenancy – terminated by notice.

    Residential properties have a minimum of 4 weeks notice

    Basic requirements for a lease

    Exclusive possession, Street v Mountford [1985] AC 809.

    - “The tenant possessing exclusive possession is able to exercise the rights of an owner of
    land, which is in the real sense his land albeit temporarily and subject to certain restrictions.
    A tenant armed with exclusive possession can keep out strangers and keep out the
    landlord.” Lord Templeman.

    A determinate term, Lace v Chantler [1944] KB 368

    The term must be for less than that held by the grantor.

    - Subletting and underletting are the same thing

    Payment of rent? Ashburn Anstalt v Arnold [1989] 1 Ch 1.

    - How is the consideration circumvented? Can be done via a Deed (no consideration OR for a
    mere peppercorn)
    - However, rent is an indication of a landlord and tenant relationship
    - Not essential for lease

    Aslan v Murphy

    Antoniades v blabla

    AG securities

    Granting a lease

    Remember that a lease may be legal (s1(1)(b) LPA 1925) but will only be legal if created by the
    correct formalities.

    A deed is needed to create a legal estate – s52 LPA 1925.

    Requirements for a valid deed – ss1(2) and (3) Law of Property (Miscellaneous Provisions) Act 1989.

    - Lookup s.46 and s.44 Companies Act 2006

    A lease for MORE THAN SEVEN YEARS is a registrable disposition so not only must it be created by
    deed but it must also be registered in its own right: s27 LRA 2002.

    A lease for not more than three years may be created orally or in writing – s52 (2) (d) and s54(2) LPA
    1925 (“parol lease rule”).

    - Parole without an ‘e’ is getting out of prison


    Land Law 9

    Implied periodic tenancies.

    EQUITABLE LEASE?

    a) A lease which fails to comply with the formalities for creating a legal lease may be enforceable as
    an equitable lease, provided the formalities for making a contract in land are satisfied – Walsh v
    Lonsdale (1882) 21 ChD 9 and s2 Law of Property (Miscellaneous Provisions) Act 1989.

    Contractual remedy is specific performance. An equitable lease is another type of Estate Contract!

    b) Equity sees “that as done which ought to be done” so will enforce a contract for a lease by specific
    performance.

    c) Discretionary. “He who comes to equity must come with clean hands”.

    Practically – no difference apart from where enforcement comes into play.

    ENFORCEABILITY OF LEASES AGAINST THIRD PARTIES

    a) Unregistered land – legal lease.

    Legal lease in unregistered land automatically binds the world

    b) Unregistered land – equitable lease.

    Equitable lease binding if registered as a land charge (class C(iv))

    c) Registered land – legal lease for a term of over 7 years – registrable disposition with own title: s27
    LRA 2002.

    d) Registered land – legal lease for a term not exceeding 7 years – overriding interest: Schedule 3
    para 1 LRA 2002.

    ACTUAL OCCUPATION IS NOT REQUIRED!

    e) Registered land – equitable lease – IARE – protect by notice in the charges register: s29 LRA 2002.
    Possibility of overriding interest of persons under actual occupation under Schedule 3 para 2 LRA
    2002?

    Consider any relationship between the perspective buyers, the course of occupation

    New occupier clause.

    Additional occupier clause

    Has ian exercised his clause.

    AG securities

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