Chapter 9 Self-test questions

. The significant difference between leasehold and freehold is that while both are legal estates in land, leasehold is a more time-limited estate. True or false?

True

False

. Leasehold ownership provides a freehold owner with a means of exploiting the economic value inherent in her land by granting rights of possession to another over her land. True or false?

True

False

. According to which statutory provision is leasehold one of the two estates capable of existing at law? Select one of the following.

Section 1 of the LPA 1925

Section 2 of the LPA 1925

Section 27 of the LPA 1925

Section 52 of the LPA 1925

. When a lease is carved out of a larger, existing leasehold, what is the name given to this arrangement? Select one of the following.

A headlease

An estoppel

A licence

A sublease

. What is the name given to the promises made between a landlord and tenant which comprise the substantive content or terms of a tenancy agreement? Select one of the following.

Freehold covenants

Leasehold covenants

Easements

Customary terms

. Which statutory provision offers a definition of a lease also known as a 'term of years'? Select one of the following.

Section 1(2) of the LPA 1925

Section 205(1)(xvii) of the LPA 1925

Section 2 LP(MP)A 1989

Section 29 of the LRA 2002

. Which case is regarded as laying down the essential elements of a lease? Select one of the following.

Street v Mountford (1985)

Markou v De Silvaesa (1986)

AG Securities v Vaughan (1990)

Berrisford v Mexfield (2011)

. Which one of the following is not a regarded as a necessary ingredient of a valid lease?

Exclusive possession.

Certainty of commencement.

Certainty of maximum duration.

Payment of a rent.

. Which one of the following is not a case which discussed with the requirement of certainty of term?

Say v Smith (1563)

Walsh v Lonsdale (1882)

Lace v Chantler (1944)

Berrisford v Mexfield (2011)

. The important case of Berrisford v Mexfield (2011) explored the circumstances in which a right of exclusive possession for an uncertain term could be converted into a lease for 90 years determinable on death. Which statutory provision was engaged in this argument? Select one of the following.

Section 146(1) of the LPA 1925

Section 146(2) of the LPA 1925

Section 149(1) of the LPA 1925

Section 149(6) of the LPA 1925

. Which one of the following is not a recognized type of lease?

Fixed term tenancy.

Periodic tenancy.

Tenancy by estoppel.

Tenancy by unconscionability.

. In which case did the court discuss the circumstances in which an implied periodic tenancy might arise? Select one of the following.

Webb v Austin (1844)

Wheeler v Mercer (1957)

Javad v Mohammed Aqil (1991)

Bruton v London and Quadrant Housing Trust (2000)

. In what circumstances will a tenancy at will arise? Select one of the following.

A tenancy at will arises where a tenant remains in possession of land at the expiry of a lease without the consent of the landlord.

A tenancy at will arises where a lease arises by operation of the doctrine of estoppel.

A tenancy at will arises where a person occupies land with exclusive possession and the consent of the landowner.

A tenancy at will arises when a lease is to run for a fixed period of time, that period being made clear from the outset of the lease.

. On what basis in Bruton v London and Quadrant Housing Trust (2000) was Mr Bruton found to be a tenant and not a licensee? Select one of the following.

The court had sympathy for his plight and the state of disrepair of his accommodation.

On the basis of the Latin maxim nemo dat quod non habet.

On the basis that the House of Lords radically reframed the fundamental ingredients of the lease.

On the basis that Mr Bruton could prove that all the fundamental elements required for a lease were present.

. Which one of the following cases is a case not discussing Bruton v London and Quadrant Housing Trust (2000)?

Islington LBC v Green (2005)

Kay v Lambeth LBC (2006)

Watts v Stewart (2017)

Gilpin v Legg (2018)

. When considering the creation of leases, it is important to distinguish between legal and equitable leases. True or false?

True

False

. The requirement that legal leases of more than three years' duration must be made by deed is provided for in which statutory provision? Select one of the following.

Section 52(1) of the LPA 1925

Section 52(2) of the LPA 1925

Section 54(2) of the LPA 1925

Section 1 of the LP(MP)A 1989

. What is the status of a legal lease of over seven years' duration in registered land? Select one of the following.

It amounts to an overriding interest under Sch. 3, para. 1 of the LRA 2002.

It amounts to an overriding interest under Sch. 3, para. 3 of the LRA 2002.

It amounts to a registrable disposition under s. 27 of the LRA 2002.

It cannot be protected under the LRA 2002

. Legal leases of three years or less in duration can be protected by the entry of a notice entered on the Charges Register in registered land. True or false?

True

False

. Under the authority of Walsh v Lonsdale (1882) as regards the creation of equitable leases, which one of the following is not a requirement for an equitable lease to arise?

There is a contract for the grant of a lease.

The requirements in s. 2 of the LP(MP)A 1989 are satisfied.

The remedy of specific performance is available.

An award of damages is shown to be an adequate remedy.

. A fixed term tenancy comes to an end with the giving of one period's notice to quit. True or false?

True

False

. As a general rule, what length of notice period is required to terminate a yearly periodic tenancy? Select one of the following.

One week

Six weeks

Six months

One year

. How is a tenancy at will brought to an end? Select one of the following.

At any time by either party.

Only with the giving of four weeks' notice to quit.

Only with the surrender of the lease to the landlord.

Only by order of the court.

. In National Carriers Ltd v Panalpina (Northern) Ltd (1981), the House of Lords held that the doctrine of frustration of contract cannot apply in the law of leases. True or false?

True

False

. Where a tenant is in breach of covenants contained within the tenancy agreement (called 'leasehold covenants'), the landlord may be entitled to forfeiture of the lease which will bring the lease to an end. True or false?

True

False

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