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Landlord and Tenant (Q1) - Coggle Diagram

- - - - The right conferred is one of exclusive possession of the land.
      - The right is for a 'term certain'.
        
        Certain start and end date.
      - None of the 'exceptions' apply that mean the right has to be a licence rather than a leasehold estate.
        
        Service occupancy.
        
        No intent to create legal relations.
        
        If no, are the formalities for a legal or (failing that) an equitable lease met?
- - - - Yes, there is no EP, the occupant is a licensee, confirm whether contractual or bare licensee.
      - No, 2a. Is EP expressly conferred?
        
        No, 2b. Can EP be inferred?
        
        No, there is no EP, the occupant is a licensee, confirm whether contractual or bare licensee.
        
        Yes, EP is present and need to consider other requirements for a lease.
      - Examples: landowner can enter to provide services such as cleaning (Marchant v Charters, Huwyler v Ruddy).
      - Example: the landowner can require the occupant to move to other suitable premises, a mobility clause (Dresden Estates v Collins).
      - Example: the occupant is required to vacate the property at stated times (Aslan v Murphy).
      - A non-genuine term is called a \pretence' (Antoniades v Villiers).
- - - - Not 'interdependent' if the occupants are strangers when they enter into them (AG Securities v Vaughan), unlikely to be if they are friends (Stripling v Wickham), usually are with romantic couples (Antoniades).
    - - Marked out in the agreement.
      - No terms at odds with EP over that area.
      - EP expressly conferred or can be inferred.
      - Yes, EP exists over each agreement that marks out an area, consider other lease requirements.
      - No, there is no EP, licenses only, confirm whether bare or contractual.
  - - - It is created by deed under s 52 LPA.
      - It comes within s 54(2) where: the term is 3 years or less, 'takes effect in possesion', and is for 'the best rent which can be reasonably obtained (Fitzkirston).
        
        If no, is the agreement in writing and signed for (s2(1)LPMPA)?
        
        Yes, equitable lease is created,
        
        No, the agreement only creates a licence, check for possibility of inferring a new agreement.