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Chapter

Cover Textbook on Land Law

9. The leasehold estate  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature and characteristics of a lease, and the ways in which it is created and brought to an end. It illustrates the law by reference to 5 Trant Way, a property comprising a maisonette and a basement flat, both of which are to be separately let for different periods of time (a weekly tenancy and a 99-year lease). It discusses the distinction between leases and licences and the basic requirements for creating a lease rather than a licence; the formality rules governing the creation of leases and their transfer; the determination of leases, including by joint tenants; and the ‘contractualisation’ of leases.

Chapter

Cover Essential Cases: Land Law

Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Bruton v London & Quadrant Housing Trust [1999] 1 AC 406, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bruton v London & Quadrant Housing Trust [1999] 1 AC 406, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Street v Mountford [1985] AC 809, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Street v Mountford [1985] AC 809, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Bruton v London & Quadrant Housing Trust [1999] 1 AC 406, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bruton v London & Quadrant Housing Trust [1999] 1 AC 406, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Street v Mountford [1985] AC 809, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Street v Mountford [1985] AC 809, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Land Law Concentrate

6. The leasehold estate  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the leasehold estate. A lease is one of the estates in land capable of being legal. Without both certainty of term and exclusive possession there can be no lease, although the presence of both does not necessarily mean that a lease exists. Formalities for the creation of a legal lease differ depending upon the duration of the lease. Where these formalities have not been met, an equitable lease may exist provided there is a valid contract capable of specific performance. An equitable lease is not as good as the legal equivalent. The most common types of leases are fixed term and periodic. The process of terminating a lease by forfeiture varies depending upon the type of covenant breached.

Chapter

Cover Land Law

9. Leases  

This chapter examines the lease and its importance and place in modern land law. Leases embrace a multiplicity of contexts from the residential to the commercial to the agricultural. This chapter considers the essential nature and ingredients of a lease, focusing on the central distinguishing of leases: exclusive possession. The chapter also considers the different types of leases that exists as well as how leases are created and can be brought to an end. The key distinguishing feature of a lease as opposed to a licence is its ability to bind third parties as a proprietary right. It is this proprietary status that gives the lease its potency.

Chapter

Cover Land Law

7. Leases  

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.

Chapter

Cover Complete Land Law

11. Leases—the Basic Requirements  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles of the law of leases, or ‘landlord and tenant’ law, as it is sometimes called. It covers the essential requirements for a lease; duration of leases and certainty of term; some concepts related to the law of leases; the distinction between leases and licences; how exclusive possession is defined; shared and multiple occupation cases; ‘sham’ tenancies and pretence clauses designed to negate exclusive possession; and formalities for the creation of leases.

Chapter

Cover Thompson's Modern Land Law

9. Leasehold Estates  

The lease was not originally perceived to be within Land Law at all, but is now a familiar and important part of landholding. The underlying basis of the lease is a contractual one—a factor that has led, at times, to conflict between landlord and tenant as to whether the relationship should be regarded as the incidents of that estate, or should be governed by normal contractual principles. Leases are employed in three main areas: residential property, commercial property, and agricultural property. This chapter, which deals with leasehold estates, examines the context of leases, the essentials of a lease, exclusive possession, types of tenancy, and equitable leases, and also discusses the rights and duties under a lease, the enforceability of covenants, and termination of tenancies.