Land Law Basics Flashcards

What is a 'lease' and what are its essential characteristics?

Answer: A term of years absolute: a grant of exclusive possession for a determinate term at a rent (Street v Mountford [1985])

In Street v Mountford [1985], the House of Lords held that a lease (tenancy) requires three elements: exclusive possession of the premises, for a fixed or periodic term, at a rent. If these are present, a lease exists regardless of the label used.

What is the difference between a 'fixed term tenancy' and a 'periodic tenancy'?

Answer: A fixed term tenancy is for a specified period; a periodic tenancy continues from period to period until terminated by notice

A fixed term tenancy lasts for a specified time (e.g., one year). A periodic tenancy (e.g., weekly, monthly, annually) continues automatically from period to period until one party gives notice to quit.

What is an 'assignment' of a lease?

Answer: The transfer of the tenant's entire interest in the lease to a new tenant for the remainder of the term

Assignment is the transfer of the whole of the tenant's interest in the lease to a new tenant (the assignee) for the remainder of the term. Many leases require the landlord's consent to assignment, which cannot be unreasonably withheld.

What is 'forfeiture' of a lease?

Answer: The landlord's right to terminate the lease early where the tenant has breached a term, subject to the tenant's right to relief

Forfeiture allows a landlord to re-enter the premises and end the lease where the tenant has breached a covenant (e.g., non-payment of rent or repair). Tenants have the right to seek relief from forfeiture from the court.

What is 'privity of contract' and 'privity of estate' in leasehold law?

Answer: Privity of contract binds original parties to the lease; privity of estate binds current landlord and tenant for the time being

Privity of contract meant original parties remained bound throughout. Privity of estate meant covenants that 'touched and concerned' the land passed to assignees. The Landlord and Tenant (Covenants) Act 1995 largely abolished privity of contract for new leases, releasing assignors from liability.

What is a 'covenant to repair' in a lease?

Answer: An obligation, usually on the tenant, to keep the premises in good repair during the term

A repairing covenant in a lease obligates a party (usually the tenant for their internal demise, the landlord for the structure and common parts) to keep the premises in a state of repair. The standard of repair is assessed against the age, character, and location of the premises.