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Leases, Lease - Licence Distinction - Coggle Diagram

- - - - Legal Lease
        
        0 [Years] :
        
        Leases < 3 years
        
        S54(2) LPA 1925: can be created by simple oral/written agreement but must take effect in possession & at best rent
        
        3 [Years] ;
        
        created must use a deed
        
        7 [Years] :
        
        Falls under overriding interests as well S3 LRA 2002
        
        Leases > 3 yrs
        
        S52(1) LPA 1925: By deed - signed, witnessed & delivered
      - Equitable Lease
        
        If Formalities are not satisfied = Informal Leases
        
        Equitable Leases / Contracts to create a lease
        
        Parker v Taswell (1858)
        
        Walsh v Lonsdale (1992)
    - - Registered Land
        
        Legal Lease:
        
        Lease < 7 yrs
        
        ITO
        
        Sch 3 Para 1 - LRA 2002
        
        Lease > 7 yrs
        
        S27(2) LRA 2002
        
        Registrable as a title
        
        Equitable Lease:
        
        To be entered as 'Notice' - S28, 29 LRA 2002
        
        If not overriding interest:
        
        Sch 3 para 2 - LRA 2002 if there's Actual Occupation
        
        must prove he's the actual occupier of the land for his interest to bind the purchaser (3rd party)
      - Unregistered Land
        
        Legal Lease:
        
        Lease < 7 yrs
        
        No 1st Registration trigger, Deed (if required) is enough to convey a legal Lease - binds WAL
        
        Lease > 7 yrs
        
        S4 LRA 2002 - Registrable as Grant is a trigger for 1st Registration
        
        If not registered:
        
        S7 LRA 2002 - takes effect as equitable lease
        
        Equitable Lease:
        
        Estate Contract
        
        Class C (iv) LC
- - - - Exclusive Possession
        
        For a determinate period
        
        For a rent or other consideration (not a strict requirement)
      - Lord Templemen:
        
        "If a agreement satisfied all requirements of a tenancy, then agreement creates a tenancy and parties cannot alter effect of agreement by insisting that they only created a licence...
- - - - Retention of Keys by Landlord
        
        Aslan v Murphy (1990):
        
        Facts: Property given on terms that owner will retain keys and enjoy absolute right to enter at all times, called for arrangement a "licence" with other terms
        
        Held: Retention of keys did not prevent agreement from becoming tenancy in law
        
        Uratemp Ventures Ltd v Collins (2002):
        
        Facts: Keys retained by Landlord
        
        Held: Its a lease because in effect the occupier was occupying the premises as their home
      - Provision of Services by Landlord
        
        Cancour Ltd v Da Silvaesan (1986):
        
        Facts: Property given on terms that L will provide housekeeper, collection of rubbish, cleaning of windows and removal and replacement of linen
        
        Held: "Licence" because L can enter the premises whenever required to perform services
      - Occupier is a tolerated trespasser
        
        Pemberton v Southwark LBC (2000):
        
        Facts: Occupier "lived" on land belonging to SLBC
        
        Held: Licence bc did not have proprietary interest although SLBC did not "evict
      - Caretaker Occupier
        
        Holt v Wellington (1996):
        
        Facts: Occupier fulfilling role agreed as caretaker occupier to look after premise
        
        Held: Licence
      - Council Homes
        
        Westminster CC v Clarke (1992):
        
        Facts: Council provides home for homeless
        
        Held: Need to grant "licences" only in order to be able to provide housing stock for the homeless
    - - Antoniades v Villiers (1990):
        
        Facts: V + V signed separate agreements - joint occupancy of 1 room flat. L reserved right "to nominate new occupier" and denied tenancy
        
        Held: Lease, not licence bc L created "pretence" with reservation of right. GR - reservation of right will usually only grant right of occupation as opposed to possession. But resevation must not amount to pretence. Couple had joint lease as "4 unities" are satisfied
      - AG Securities and Vaughan (1990):
        
        Facts: Agreements signed separately
        
        Held: Licence - Exclusive possession and 4 Unities not present for there to be a lease
  - - - Norris v Checksfield (1991):
      - Carol v Manek (1999):
        
        Facts: Employee allowed to live on "accommodation" provided by employer.
        
        Held: Mere licence
    - - Addiscombe Garden v Crabbe (1958):
        
        2 yr tennis court occupation - "Licence"
      - National Car Parks v Trinity Development (2002):
        
        Parking rights by owner of carpark given to carpark operators. Carpark operators had lease
      - Mehta Bank v Royal Bank of Scotland (199):
        
        Hotel Occupier's "Licence" - sensible to interpret as "Licence"
    - - Shell Mex and BP Ltd v Manchester Garages Ltd (1971)
    - - Shell-Mex and BP Ltd v Manchester Garages (1971)
        National Car Parks v Trinity Development (2002)
        Dresdan Estates v Colinson (1987)
        
        Similar to situations of servants with wide access - "Licence"
- - - - Facts:
        
        xxxx
      - "Contractualisation" of Leases:
        
        contractual obligations between Landlord and Tenant
        
        Rent arising out of land and payable even when building is destroyed
        
        Redmond v Dainton (1920)
    - - Fixed Term Leases:
        
        No restriction on length of time
        
        e.g. 7 years, 99 years, 999 years
        
        Must be clear at the outset when its to determine otherwise void as fixed lease
        
        Lace v Chantler
        
        Prudential Assrance Co v London Residuary
        
        Creation:
        
        If < 3 yrs - can be created informally
        
        If > 3 years - by deed
        
        How determined:
        
        Automatic determination and cannot be determined before the end of the period
      - Periodic Leases:
        
        Exists periodically e.g. weekly, monthly, quarterly, yearly etc
        
        Continues forever until notice of determination is given
        
        Possible to imply lease - Javad v Aqil
        
        Not affected by certainty rule as per fixed term leases - Prudential Assurance
        
        Creation:
        
        If < 3 years - can be created informally
        
        Can last in access of 3 years but can remain informal without a deed or even in writing but must abide by S54 LPA 1925
        
        How Determined:
        
        By serving notice to quit equivalent to the period of lease e.g. 1 month notice for monthly tenancy or as agreed between parties
        
        Fetters or limits on powers of L to serve notice to quit
        
        Breams Property v Stroulger
        
        Centaploy Ltd v Matlodge
        
        Problems with joint periodic tenancies
        
        Hammersmith & Fulham LBC v Monk
      - Perpetually Renewable Leases:
        
        A lease with a covenant for the T to renew the lease thus indefinitely renewable
        
        S145 LPA 22 - all PRL's existing at the end of 1825 or created after 1925 are converted into leases for 2000 years from the date lease was granted unless T chooses to terminate sooner
        
        Creation:
        
        Existence of Express term for renewal
        
        An issue of construction of term of renewal
        
        Parkus v Greenwood
        
        Caerphilly Concrete Products v Owen
        
        Marjorie Burnett Ltd v Barclays
        
        How Determined:
        
        Unless its been converted into a 2000-year lease under S145 LPA 22, will determine on the last day of the period of the lease, having allowed 1 renewal
      - Leases for Life / Until Marriage:
        
        A lease granted as long as the person lives / until the person gets married (will PF fail)
        
        S149(6) LPA 25 - converted into a lease for a term of 90 years terminable on death on marriage with 1 month's notice by either side
        
        Creation:
        
        A term granting a lease for lifetime / until marriage and converted via S149(6) LPA 25
        
        How Determined:
        
        Once converted can be determined by death or by marriage with 1 month's notice
      - Tenancy at Will:
        
        Informal tenancy which is based on consent to occupy
        
        Heslop v Burns
        
        Rent will usually be payable but doesn't cease if rent not paid
        
        Once rent is paid and accepted on regular basis then periodic tenancy will be implied
        
        Walji v Mount Cook Land
        
        T can claim against 3rd party trespasser
        
        Q: would T have propietary right in the land?
        
        Wheeler v Mercer
        
        Creation:
        
        Arises whenever a tenant, with the consent of the landlord, occupies or continues to occupy the land
        
        How Determined:
        
        Either party can determine at will
        
        Automatically determines on the death of either party