Scribd
Upload
543 views1 page

Landlord & Tenant Charts

This document discusses the key elements of a lease agreement under UK law. It explains that a lease comprises a single continuous term that perpetually renews itself through additional periods unless properly terminated. A periodic tenancy relies on the continuing consent of both parties. It can be ended by either party providing proper notice. The essential elements of a valid lease are: (1) certainty of duration, typically requiring a definite start and end date; (2) rent, which is consideration paid for exclusive possession; and (3) exclusive possession of the property by the tenant, including the power to exclude others, including the landlord. Exceptions to the certainty requirement include leases for life or until marriage, which are automatically converted to 90-

Uploaded by

sting1093
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
543 views1 page

Landlord & Tenant Charts

This document discusses the key elements of a lease agreement under UK law. It explains that a lease comprises a single continuous term that perpetually renews itself through additional periods unless properly terminated. A periodic tenancy relies on the continuing consent of both parties. It can be ended by either party providing proper notice. The essential elements of a valid lease are: (1) certainty of duration, typically requiring a definite start and end date; (2) rent, which is consideration paid for exclusive possession; and (3) exclusive possession of the property by the tenant, including the power to exclude others, including the landlord. Exceptions to the certainty requirement include leases for life or until marriage, which are automatically converted to 90-

Uploaded by

sting1093
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

Landlord(&(Tenant((1)

comprises(one(single(unbroken
term(which,(un2l(and(unless
duly(determined,(perpetually
elongates(itself(by(the(addi2on
of(a(new(fresh(unit(or(period:
Centaploy(Ltd(v(Matlodge(Ltd
Hammersmith(&
Fulham(LBC(v(Monk:(a
periodic(tenancy(is
founded(on(the
con2nuing(will(of(both
the(landlord(and(tenant
that(the(tenancy(shall
persist(and(by(declining
to(give(no2ce(to(quit
periodic(tenancymay(be
terminated(by(giving(of(no2ce(or
by(an(euxion(of(2me:(BarreG(v
Morgan

no(valid(agreement(for(a(lease
if(it(commences(at(some
unspecied(future(date.(This
means(there(is(no(concluded
contract:(Harvey(v(PraG

Prepared by:
Santhi Latha
Email:
slnb66@gmail.com

can(be(created(expressly,
impliedly(or(inferred(from
conduct,(most(commonly
by(the(periodic(payment
of(rent:(Javad(v
Mohammaed(Aqil

The(essen2al(elements(of(a(lease:((a)(certainty(of(dura2on;
(b)(rent;(and((c)(exclusive(possession

the(power(to(exclude(all(others(from(the(land,
including(the(landlord:(Street(v(Mounaord.(This
is(seen(as(follows:

Rent
Certainty(of(dura2on(

Periodic(Tenancies

Pruden2al(Assurance(Co
Ltd(v(London(Residuary
Body:(certainty(of
dura2on(requirement
applies(to(periodic
tenancies

The(lease(must(have(a
certain(beginning(and
a(certain(end:
Pruden2al(Assurance
Co(Ltd(v(London
Residuary(Body

Rent(is(the(considera2on
the(tenant(agrees(to(pay
(as(part(of(his(contract)(in
return(for(his(con2nuing
right(of(exclusive
possession.(Rent(usually
takes(the(form(of
monetary(compensa2on

Certainty(of(maximum(dura2on
Certainty(of(commencement

it(is(possible(to
have(a(tenancy
without(rent:
Ashburn(Anstalt(v
Arnold

Excep2ons(to(the(certainty(rule
Where(the(maximum
dura2on(is(not(certain(or
ascertainable,(such(a
lease(is(void:(Lace(v
Chantler
the(commencement(date(may(be
postponed.(This(is(known(as(a
reversionary(lease(and(if(it(takes(eect
more(than(21(years(aQer(the(date(of(the
tenancy(agreement,(then(the(lease(will
become(void:(sec2on(149(3)(LPA(1925.

A(lease(for(life(or
un2l(marriage:
automa2cally
converted(into(a(90
year(term:(sec2on
149(6)(LPA(1925

Pruden2al(Assurance(Co(Ltd
v(London(Residuary(Body:
the(same(rule(applies(to
periodic(tenancies

Exclusive(Possession

the(claimant(is(an
adverse(possessor:
Hunter(v(Canary
Wharf(Ltd

where(there
is(any
reserved(right
of(access(by
the(landlord
over(the(land:
Westminster
CC(v(Clarke

counter(argument:((a)(the
absence(of(rent(payment
points(to(the(existence(of(a
mere(licence:(Manchester
Airport(plc(v(DuGon;(or((b)
indicates(the(lack(of(any
inten2on(to(create(a
landlordHtenant
rela2onship:(Vesely(v(Levy

Perpetually(renewable(leases:
automa2cally(converted(into(a(term(of
2000(years(determinable(only(by(the
lessee:(sec2on(145(LPA(1922:(Caerphilly
Concrete(Products(Ltd(v(Owen

There(may(be
no(exclusive
possession
where:

where(there(is
possession(of(keys
by(the(landlord:
Aslan(v(Murphy
[No(1]

where(the(landlords
cleaners((agent)(enter
the(land(for(cleaning(at
specied(2mes:(Crancour
Ltd(v(Da(Silvaesa

the(claimant(is(a
beneciary
under(a
charitable(trust:
Gray(v(Taylor

purchaser(allowed
in(possession
before(the
comple2on(of(a
sale:(Ramnarace(v
Lutchman

the(occupiers(status
in(casually(permiGed
occupa2on(is(merely
that(of(a(licensee:
Garland(v(Johnson

occupier(who
retains(land
pending(the
exercise(of(an
op2on

there(is(no(inten2on
to(create(legal
rela2ons:(Facchini(v
Bryson

You might also like