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Leases (Creation of Legal Leases (More than 3 years s 52(1) LPA 1925…

- - - - Legal
  - - - Over 7 years and registered as a title at the land registry under 27(2) LRA 2002
        
        Legal
      - Less than 7 years - hence not registered as title
        
        Overriding interest under Schedule 3
    - - Over 7 years and registered as title under s4(1) LRA 2002 (trigger for registration)
        
        Legal
      - Under 7 years and not required to be registered under s4(1)
        
        Legal rights bind the world, will bee an overriding interest under schedule 1 LRA upon first registration of title
      - Over 7 years and not registered under s4(1) LRA 2002
        
        Equitable
- - - - In shared houses, unless the four unities exist there is no joint tenancy.
      - Public bodies may grant licenses where private persons may grant only leases
        
        Westminster CC V Basson
        
        Westminster CC V Clarke
      - A lease may be granted even where the landlord has a mere license. Nemo dat quod non habet does not apply
        
        Bruton V London & Quadrant Housing Trust (1999) Street V Mountford applies regardless.
        
        Kay V Lambeth (2006) confirmed that it is not a proprietary lease, but a contractual lease.
      - There may be circumstances where the landlord may reserve rights for themselves which would constitute a license not a lease
        
        Antoniades V Villiers (1990)
      - Glosses on the strictness of Street apply only if genuinely employed for legitimate reasons.
        
        Antoniades V Villiers (1990) a 'pretence exists where a clause in an agreement is inserted 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 that clause.
    - - Lace V Chantler - Term for the duration of 2nd WW was void for being of uncertain duration
      - Periodic Tenancies - Valid because they're a number of tenancies of known duration.
        
        Prudential Assurance V London Residuary Body (1992)
      - Lease for duration of the life of an individual is converted to a lease of 90 years
        
        Berrison V Mexfield
        
        S149(6) LPA 1925
      - Perpetually renewable lease is converted into a lease for 2.000 years
        
        (S 145 LPA 1925)
      - Lease taking effect more than 21 years from the date its made is void s149(3) LPA 1925