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LLB 220 Property and Trust Law A - Week 9-13 Complete Notes
LLB2220 - Property Law
1 Found helpful • 19 Pages • Topic Notes • Year: Pre-2021 • Previously uploaded under: LLB220 - Property and Trusts A
Leases and Tenancies – Week 9 & 10 • Leasehold land commonly referred to as personalty rather than realty. This means only contractual remedies are available for the lessor • Lease involves a leaseholder (lessor/landlord) and lessee (tenant). Leases usually maintain both implied and express covenants. Landlord retains a reversion – title of the land minus lessee’s interests. • There are 3 main types of leases o Fixed term tenancy – starting and end point know from the outset. o Periodic tenancy – based on periods of time. common for residential tenancies, does not need to formally renewed for each period, tenant only has right to possession for the specified period. o Tenancies at will and at sufferance – possession exists based on tenant can reside their own will, usually expressly created, but often implied by law. Tenancy at sufferance hold lease without consent. • Leases are usually created by a document such as a deed, but can be created informally. Leases can have interests carved to become a separate interest, allowing for a sublease, with the original know as the head tenant. Substantive requirements for a Lease • Must have a certain maximum duration of the lease. • Tenant must be given the right to exclusive possession of the premises. o Lease has exclusive possession and is a matter of construction. o Licence gives possession, on particular conditions. Formal Requirements for a Lease Old System • At law: s23B(1) Conveyancing
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