p. 2237. Leases
- Ben McFarlane, Ben McFarlaneProfessor of English Law, University of Oxford
- Nicholas HopkinsNicholas HopkinsLaw Commissioner for England and Wales and Professor of Law, University of Reading
- , and Sarah NieldSarah NieldProfessor of Law, University of Southampton
Abstract
This chapter deals with leases and how they relate to the content, acquisition, and defences questions. It first considers the distinction between a lease and a licence, noting that such a distinction reflects the most fundamental distinction in land law: between a property right and a personal right. It then tackles the content question by focusing on the concept of exclusive possession, the requirement that a lease must have a certain term, the nature of a ‘Bruton lease’, the question of rent, and the intention to create legal relations. It also examines the acquisition question by explaining how leases may be created or transferred, and the defences question by distinguishing between legal leases and equitable leases. Finally, it discusses the nature and operation of leasehold covenants and consequent forfeiture if a leasehold covenant is breach. Finally it explains the use of leases in the ownership of flats.
