A more recent version of these Leases notes – written by Cambridge/Bpp/College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Land Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Distinguishing a Lease from a Licence:
Lease Property right Exclusive possession Binds third parties Security of tenure
Licence Personal right No exclusive possession Doesn't bind third parties No security
Something that looks like a lease but fails to satisfy the ingredients of a lease will be a licence (personal right)
Characteristics of a lease A landlord grants a leasehold title out of his own title, which will be an interest which lasts longer than the leasehold, to a tenant. Street v Mountford S charged Mrs Mountford PS37 p/w as a 'licence fee' with 14 days' notice for termination. She signed a form saying she agreed that the Rent Act didn't apply to her. She challenged this as she wanted to be under the protection of the Act Held: Mrs Mountford had a lease despite the express intention behind the contract
? Lord Templeman: "the only intention which is relevant is the intention demonstrated by the agreement to grant exclusive possession for a term at a rent." Heslop v Burns H allowed the Burns to live in a cottage rent free & integrated with the family, becoming godfather of their daughter & paying her school fees. They remained after the death of the owner & sought to establish a leasehold title to the cottage Held: they were licencees because there was no intention to create legal relations. This case confirms that whilst rent is NOT a prerequisite of a valid lease (S.205(1)17) LPA 1925) it will be a factor suggestive of personal rights only Certainty of term
? Sweet & Maxwell: "the grant of a right to the exclusive possession of land for a determinate term less than that which the grantor has himself in the land" The term must be fixed or periodic. Fixed term lease:
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