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Law Notes Property Law Notes

Leases Notes

Updated Leases Notes

Property Law Notes

Property Law

Approximately 26 pages

Note are laid out in a very easy-to-follow manner. The major components of each topic are separated into bolded bullet points with further subdivided bullet points within each component.
All cases are set out in the same logical structure; separated into 'facts', 'issue', and 'judgment.'...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Leases

  • Lease - a recognised estate in the land i.e. a property right - because it transfers possession

  • Terminology

  • The person who grants a lease is a lessor or landlord

  • The person who receives the lease is a lessee or tenant

  • When leasing, the landlord owns the reversion (the land which will revert back to the after the lease had ended - because L has the fee simple)

  • The terms in the lease contract are called covenants

  • Anatomy of a Lease

  • Definitional Core

  • Transfers exclusive possession

  • For a specified time (can be fixed or periodic)

  • Usually the tenant pays rent

  • Terms and Conditions

  • Rights and obligations - can be determined by law or by choice (either common practice or ad hoc)

  • Remedies - can be reached by law or by choice

  • Leases vs Licences and Other Rights

  • Not all bargains between landowners and others allowing entry onto or possession of land are leases

  • Easement - a right of possession that is not a lease (but still a property right)

  • License - a personal right to do something in relation to land (not a property right, so doesn’t bind third parties and can’t be given or sold)

  • Legal Consequences of a Lease

  • Tenant can sell or give the lease to another

  • They can mortgage it

  • They can do anything else that the property right enables them to do

  • Raises question - can the tenant, alter property, sub-lease, how do different rights interact?

  • In law

  • Landlord and tenant can enforce covenants upon one another (adheres to common sense)

  • Often standard lease contracts are used (like one from the ADLS)

  • If standard lease contract is not used, certain covenants are still implied through the Property Law Act 2007 e.g. tenants have right to quiet enjoyment, tenant must pay rent, can’t alter buildings without consent, must keep property in existing condition

  • Legally Binding Obligations of a Lease

  • The written lease agreement is a contract, so it bind the parties involved...

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