Creation of Legal Leases
For 3 years or less
52(2), 54(2) LPA 1925 Legal whether created orally, by written contract or by deed
More than 3 years s 52(1) LPA 1925 created by deed
Over 7 years and registered as a title at the land registry under 27(2) LRA 2002
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)
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
More than 3 years s 52(1) LPA 1925 not created by deed
Street V Mountford - besides the Faccini Exceptions the relationship can either be one of lodger of tenant. Other guidelines have arisen
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
r party does not intend to rely in practise on that clause.
A term certain
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
Rent - None required even if stated in Street V Mountford (Ashbury V Anshtalt Arnold)