Leases

THE NATURE OF A LEASE Bruton v London & Quadrant Housing Trust (2000) A lease can exist in law even where the landlord has no legal title to the land Street v Mountford (1985) A lease has these features: exclusive possession; for a fixed term and at a rent i) A term Lace v Chantler (1944) The period of the lease must be certain Prudential Assurance Co Ltd v London Residuary Body (1992) Where land is retained until the owner requires it back no lease can exist because the term is uncertain ii) At a rent Ashburn Anstalt v Arnold (1989) A tenancy can exist without the payment of rent iii) Exclusive possession Somma v Hazelhurst (1978) The intention of the parties indicates whether a lease is created Street v Mountford (1985) Overruling Somma v Hazelhurst a tenancy exists if the key features: rent; exclusive possession and a fixed term exist Aslan v Murphy (1990) A sham device giving rights of entry to the landlord will not prevent a tenancy from arising Antoniades v Villiers (1990) Retention of a right to live in the premises by the landlord will not prevent exclusive possession if the term is deemed to be a ‘sham’ A-G Securities v Vaughan (1990) Enjoyment of joint facilities under separate agreements gave rise to separate licences REMEDIES SPECIFIC PERFORMANCE OF A COVENANT Jeune v Queens Cross Properties Ltd (1974) Rainbow Estates Ltd v Tokenhold (1999) Both tenants and landlords can be awarded specific performance of a covenant in a lease FORFEITURE Billson v Residential Apartments Ltd (1992) In most cases a tenant has the right to seek relief from forfeiture where the landlord has re-entered the premises WAIVER Central Estates (Belgravia) v Woolgar (1972) Acceptance of rent after breach constitutes waiver of rights by the landlord

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A housing trust had been granted a licence to use properties as temporary shelter for the homeless. The properties were to be developed. The trust undertook that they would not allow any of the occupiers to become tenants without prior consent of the Council. Mr B signed an agreement with the trust that he would occupy a self-contained flat in one of these buildings on a temporary basis on a weekly licence. Under the agreement he was to vacate the premises upon reasonable notice from the trust. After six years he claimed that he had a lease by estoppel.