Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 5.4 (Part 2)


Planning Your Answer

Issues

The key issues are clearly stated in the final sentence of the question (often one of the best places to start with problem questions).

  • Do Yasmin, Javed and Brenda have leases of their flats?
  • If any of the three have leases, what kind of lease do they have?

Implicit in this question is the practical significance of the difference between a lease and a licence. Why does it matter whether Pilbeam has granted leases or licences?

Rules

  1. The requirements for a lease (see Land Law, Section 5.4)
    1. Capable grantor/grantee?1
    2. Term certain?
    3. The grant of exclusive possession to the tenant
  2. Kinds of lease
    1. For example, fixed term, periodic, non-estate, etc.
      (Different types of lease are considered at Section 5.4 of Land Law, and also Sections 5.5.1, 5.5.2.)

Answer Plan

  1. Introduce the issues, the key concepts and why they are important.
  2. Apply the rules to each of the parties in turn.
    1. Yasmin
      1. Is it a lease?
      2. If so, what kind?
    2. Javed
      1. Is it a lease?
      2. If so, what kind?
    3. Brenda
      1. Is it a lease?
      2. If so, what kind?
  3. Make sure that you have stated your conclusions and that these conclusions follow logically from your reasoning in 2(a-c).
1.'This is not a major issue in this case. However, be alert for non-estate leases (Bruton v London and Quadrant Housing Trust [2000] 1 AC 406). Non-estate leases are not binding on successors to the reversionary title (Kay v Lambeth LBC [2006] AC 465).’


Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.