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Leases (Term Certain (Cannot be by the reference to other criteria e.g.…
Leases
Term Certain
Cannot be by the reference to other criteria e.g. the occurence of a an event (Lace V Chandler (1944), Prudential Assurance V London Residuary Body (1992)
Where it is granted to an individual on the occurence of an uncertain event it can be treated as a lease for life until the occurence of that event (Berrisford V Mexfield)
Leases granted for life are converted to leases for 90 years or terminable by death if earlier (s149(6) LPA 1925
Periodic tenancies are treated as a number of new leases of known term and are distinguished from leases of uncertain terms.
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Lease intended to begin more than 21 years after the instrument creating it is void s149(3) LPA 1925
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Exclusive possession
Original view was that premises must be either a tenant or lodger apart from the Fascini Exceptions. There have been clarifications however as the situation is not so clear cut.
a license may exist where two or more people occupy the same property. They cannot be leaseholders of the same property as joint tenants due to lack of four unities
Public sector landlords who may be able to grant licences where private landlords could only grant leases (Westminster CC V Basson.
Bruton tenancies (Bruton V London Quadrant Housing Trust (1999). The test whether an occupier held a lease was simply that of exclusive possession as laid down in street. Nemo dat quo non habet did not apply in this case. The subsequent cases, although upholding it stated that it was a lease but without the proprietary rights of a normal lease.
Landowner may preserve a right for themselves e.g. to use part of the premises which would defeat exclusive possession (Antoniades V Villiers 1990)
Glosses on the strictness of street v mountford are applicable only if genuinely employed for legitimate reasons. A pretence exists where a clause in the agreement is inserted deliberately in order to avoid the creation of a lease that would otherwise arise and where either party does not intend to rely in practise on the clause. (Antoniades V Villiers)
Facchini Exceptions
Cases where the grant of exclusive possession is done without the grant of lease, referable to some other bona fide relationship between the parties
mortagee going into possession under the terms of a mortgage, usually where the borrower cannot repay the loan
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Where the occupation is based on charity or friendship where there is no intention to create legal relations