LLB220 Study Guide - Final Guide: Natural Disaster, Legal Tender, Nuisance

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5 Jul 2018
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LEASES (PT 1)
Part 1 (Topic 4)
- Substantive requirements
- Formal requirements
- Types of tenancies
- Common lease covenants
Part 2 (Topic 5)
- The enforceability of lease
covenants
- Termination of leases
- Remedies for breach of lease
covenants
- Focus on commercial leases
Substantive requirements
What is a lease?
- leaseholder/lessor/landlord
- lessee/tenant
Certainty of duration
-Prudential Assurance Co Ltd v
London Residuary Body (1992) 3
WLR 279
Exclusive possession
-KJRR v Commissioner of State
Revenue [1999] VSCA 2
Formal requirements
Old system
Legal lease:
- Deed: s 23B CA – Assurance of
land to be by deed
- BUT - exceptions:
Section 23D(2) short term
leases:
Best rent
Takes effect
in possession
Term not
exceeding 3
years
- Implied periodic tenancy at
common law (yearly or otherwise.
Note effect of s 127 CA on implied
yearly tenancies)
Equitable lease:
-Walsh v Lonsdale: Specifically
enforceable agreement to grant a
lease
Written form, but
does not comply
with formal
requirements OR
Oral and supported
by acts of part
performance
- Estoppel: If there is a promise to
enter into a lease and detrimental
reliance on that promise
Torrens title
- Registration if term greater than 3
years (s 53 RPA)
- Unregistered leases are equitable
unless:
Comply with s
23D(2); OR
Implied periodic
tenancy at common
law
(same as for old
system land)
Fixed term tenancy at law or in equity
Periodic tenancy
Implied periodic tenancies
- Two kinds:
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Document Summary

Part 2 (topic 5: takes effect in possession, term not exceeding 3 years. Implied periodic tenancy at common law (yearly or otherwise. Note effect of s 127 ca on implied yearly tenancies) Deed: s 23b ca assurance of land to be by deed. Walsh v lonsdale: specifically enforceable agreement to grant a lease: written form, but does not comply with formal requirements or, oral and supported by acts of part performance. Estoppel: if there is a promise to enter into a lease and detrimental reliance on that promise. Registration if term greater than 3 years (s 53 rpa) Implied periodic tenancy at common law (same as for old system land) Fixed term tenancy at law or in equity leases: Covenants in leases from tenant going into possession and paying rent referable to a year or aliquot part of a year. At common law, terminable on 6 months notice see prudential case.

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