leases & liences
- Created by: jesskeayy
- Created on: 05-05-19 14:28
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- Leases and Licences
- Doctrine of Estates: no one but the Queen owns land, as far as law is concerned
- Goes back to feudal time, where land belonged to the crown. Everyone 'held' land, rather than owned it i.e. landlord & tenant
- Estates:
- Freehold: estate that lasts forever
- Leasehold: estate that lasts for specific amount of time
- Fee tail: estate that lasts as long as your heirs do
- Estate for life: estate that lasts for as long as your life
- Licence is a contractual interest, it doesn't confer ownership
- Lease: grant of land held for a term with exclusive possession of land
- LEASE GIVES EXCLUSIVE POSSESSION
- LICENCE MAKES IT LAWFUL, AS THERE'S A CONTRACT
- LEASE GIVES EXCLUSIVE POSSESSION
- Occupier is a lodger if landlord provides services requiring landlord to have unrestricted access to land. This is not the lodger's land
- Property rights: means being able to defend property- leases and freeholders are property rights
- Contractual rights: between 2 people, each promising the other something. Doesn't give rise to rights against third parties
- Antoniades v Villiers
- Contractual rights: between 2 people, each promising the other something. Doesn't give rise to rights against third parties
- AG Securities v Vaughan- 4 men live in house owned by C. When one leaves, the others are involved in finding another person
- Management company not bound to go with the opinions of tenants. As they all had individual tenancies and not a joint one, C were entitled to kick out as they were licencees, not tenants
- Joint tenancy:
- 1. Unity of possession- each joint tenant is entitled to possession of every part of co-owned land
- 2. Unity of interest- joint tenant's interest must be same in extent, nature and duration
- 3. Unity of title- joint tenants must derive title to the estate from the same act/ document
- 4. Unity of time- interest of joint tenants must vest at same time
- Westminster CC v Clarke: D had sheltered accommodation from council after being made homeless. Accom was shared and had a warden
- Accom used to rehabilitate people back into society. Complaints made about D and council tried to terminate his 'licence'
- Housing Act 1985- tenant cannot be evicted without: 1. council serving notice in accordance with s.83.
- 2. court finding Clarke guilty of conduct.
- 3. court thinking eviction reasonable
- 2. court finding Clarke guilty of conduct.
- Housing Act 1985- tenant cannot be evicted without: 1. council serving notice in accordance with s.83.
- This was a licence
- Accom used to rehabilitate people back into society. Complaints made about D and council tried to terminate his 'licence'
- Doctrine of Estates: no one but the Queen owns land, as far as law is concerned
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