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Leases - LAws - Coggle Diagram
Leases - LAws
Gives Ex. Possession, has proprietary and contractual rights, fixed terms and rent TOC p.14
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Antoniades v Villiers: HoL Found the terms were a sham, lease granted TOC p.14
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Mikeover v Brady: The Term must be Certain, TOC p.15
Legal
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A lease over 7 years is now trigger for registration under S.27 LRA 2002 – this used to be be 21 years - TOC p. 15
B4 Jan 1,1996
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Centrovincial Estates v Bulk Storage – the original tenant was liable for 2 quaterly instalments of increased rent unpaid by a later assignees of the lease TOC p.16
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Leases
Def:
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Fee Simple Absolute in Possession a freehold estate of potentially perpetual duration p.2 TOC, 44
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Both estates are listed in s.1(1) LPA 1925 as the only two estates capable of existing at law although they can p.2 TOC, 44
LRA 2002
A lease over seven years is now a trigger for registration under s.27 LRA 2002 and in addition to creation by deed it must be registered to take effect at law, Leases over three years but up to (and including) seven years must be created by deed (s.52 LPA 1925 – see s.1 LP(MP)A 1989 for what constitutes a deed)
There are two estates in land which are capable of existing at law, the fee simple and the term of years absolute; The term of years is a lease. A lease of land involves both proprietary and contractual rights for
both the landlord and the tenant, and so is subject to contradictory pressures.