Chapter 11 Self-test questions

. Which of the following transactions can create a valid leasehold estate?

A grant of Blackacre by Lionel to Traiq, the leasehold to last as long as Manchester United play in the Premier Football League.

A grant of Blackacre by Lionel to Traiq, the lease to be for 99 years. Tariq may give three months to terminate the lease if Manchester United cease to play in the Premier Football League.

A grant of Blackacre by Lionel to Traiq on a yearly periodic tenancy, Lionel promising not to terminate the tenancy while Manchester United play in the Premier Football League.

A grant of Blackacre by Lionel to Traiq on a yearly periodic tenancy, Tariq promising not to terminate the tenancy while Manchester United play in the Premier Football League.

. Whiteacre is granted by Laval to Teresa 'for twenty years if she lives that long'. How will this lease take effect?

As a twenty year lease, irrespective of how long Teresa lives.

As a lease for Teresa's life, even if she lives more than twenty years.

As a lease for twenty years, but if Teresa dies, either Laval or Teresa's personal representatives can give one month's notice, expiring on a traditional quarter day, to terminate the lease.

As a lease for ninety years, but if Teresa dies, either Laval or Teresa's personal representatives can give one month's notice, expiring on a traditional quarter day, to terminate the lease.

. Laros grants to Testos a lease of Furpalace for five years at £500 per annum rent. The lease includes a promise of nine words. 'This lease shall be renewable on the same terms.' How does this lease take effect?

A lease for five years, renewable ONCE.

A lease which can be renewed every five years, ad infinitum, provided Testos remembers.

As a two thousand year lease.

As a fixed term for ten years (twice five years).

. Which of the following is NOT a property right in land?

Secure Tenancy

Statutory Tenancy

Assured Tenancy

Assured Shorthold Tenancy

. Which of the following propositions, regarding licences over land, is correct?

A licence will always bind a successor in title to the land to which the licence relates.

A licence is personal to the licensee and cannot be assigned.

A licence is personal to the licensee, but can be left by his or her will.

A licence can never give the licensee exclusive possession.

. Charley is a driver with the Diligence Bus Company, working from its Grogsby Depot. He lives in a house owned by Diligence, situated 15 miles from the depot. He has unrestricted use of the house. Diligence retains a key, and a representative calls about every six months to view the state of repair. Charley pays a £1000-per-month 'licence fee' – about the amount the house would fetch if let on the open market. The document Charley signed when he took possession is headed 'licence'. Which is the correct legal analysis of this situation?

Licence, because that is what the document says.

Licence, because the key means that Charley has not got exclusive possession.

Lease of some kind.

A 'service occupancy' licence.

. Which of the following clauses, if included in a 'letting' of a small flat suitable for one person only, would mean that the transaction was only a licence?

A clause requiring the owner of the flat to clean it every day and to change the bed linen once a week.

A clause entitling the owner of the flat to introduce a second 'resident' into the flat.

A clause allowing the owner of the flat to enter at any time to read the meters.

A clause saying that the agreement was outside all legislation designed to protect tenants.

. Larry and Tamsin sign an agreement (not in the form of a deed) under which Tamsin has exclusive possession of Larry's flat for two years. Tamsin agrees to pay £525 per month for 'right to live in the flat'. (Similar flats in the area cost £500 per month rent.) What is the legal result of this agreement?

An equitable lease for two years.

A monthly periodic tenancy.

A legal lease for two years.

A licence, as the transaction is described as "a right to live in the flat".

. On February 1^st 2019, Laurie and Tolstoy signed an agreement (not in the form of a deed) under which Laurie leased to Tolstoy 'Garage Number Six' for a period of five years at £100 per month rent. Tolstoy pays the rent punctually and parks his car in the garage every night.
What property (right(s)) has Tolstoy got?

A legal lease for five years.

Only a monthly tenancy.

Only an equitable lease.

Both a monthly tenancy and a five year equitable lease, the two existing concurrently.

. On February 1^st 2019, Laurie and Tolstoy signed an agreement (not in the form of a deed) under which Laurie leased to Tolstoy 'Garage Number Six' for a period of five years at £100 per month rent. Tolstoy pays the rent punctually and parks his car in the garage every night.
Garage Number Six is unregistered title and Tolstoy has not registered a land charge at the Land Charges Department in Plymouth. Laurie has sold the freehold of the garage to Reika, who wants to evict Tolstoy as soon as possible.
What is the correct legal position?

Reika is bound by the equitable lease, so must wait until January 1^st 2022 to get possession of the garage.

Both leases are void against Reika, so she can get immediate possession.

Reika is bound by the monthly tenancy and so should give (at least) one month's notice to expire at the end of the month.

Reika is bound by the monthly tenancy and so should give one month's notice to expire at any time.

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