Leases & Licences

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What is the doctrine of estates?
The idea that nobody owns land, only the right to hold it in different ways.
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Case defining a lease and the definition.
Street v Mountford. Grant of land, for a term, with exclusive possession. (Lord Templeman)
2 of 18
Another Street v Mountford precedent
The occupier is likely to have a licence if the landlord provides services which require unrestricted access.
3 of 18
Last precedent
The type of agreement will be determined by its EFFECT.
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What's the power difference between leases and licences?
Because leases are property rights while licences are contractual, a leaseholder has an inherenet right to exclude everyone while the licenceholder has no such right.
5 of 18
Case where 'surrounding circumstances' can show that licence terms are pretences.
Antoniades v Villers
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What counts as a surrounding circumstance?
Need for negotiations and whether they occurred, practicality of the terms in relation to size of property and number of occupants or relationship between the occupants, whether terms were ever actually exercised.
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What other precedent comes from Antoniades v Villers?
Seperate agreements can be interdependent where they contain indentical terms and can be treated as one agreement. (Joint tenancy)
8 of 18
Who wants to introduce private rent caps in London?
Sadiq Khan
9 of 18
Case showing that the outcome if one tenant were to die can determine whether there is a lease or licence.
AG Securities v Vaughan
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4 requirements of a joint tenancy.
Unity of posession, Unity of interest, unity of title, unity of time.
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Explain unity of posession.
You all own 100% of the property so would make up the rent if someone died and wouldn't have someone else move in.
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Explain unity of interest.
The duration and nature of the agreement is the same.
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Explain unity of title.
Same document (or identical documents in Antoniades v Villers)
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Explain unity of time.
Interest in land begins at same time.
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Case showing the purpose of the landlord in creating a licence rather than a lease will be taken into account.
Westminster CC v Clarke. (The licence was to allow the local council to fulfil their statutory duties and protect other residents, not to limit the power of the resident in question.)
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Example of freeholders/leaseholders exploiting leaseholders.
Charging to respond to correspondence about repairs or extensions.
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Example of freeholders exploiting leaseholders.
Ground rent problem.
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Other cards in this set

Card 2

Front

Case defining a lease and the definition.

Back

Street v Mountford. Grant of land, for a term, with exclusive possession. (Lord Templeman)

Card 3

Front

Another Street v Mountford precedent

Back

Preview of the front of card 3

Card 4

Front

Last precedent

Back

Preview of the front of card 4

Card 5

Front

What's the power difference between leases and licences?

Back

Preview of the front of card 5
View more cards

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