Chapter 19 Self-test questions

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. In the quotation used in section 19.1.2.1, Lord Templeman refers repeatedly to a lease as involving 'exclusive possession for a term at a rent'. It is fair to say, therefore, that the requirements for the establishment of legal estate taking effect as a 'Term of years absolute' are: (i) exclusive possession; (ii) a term; and (iii) rent.

True correct incorrect

False correct incorrect

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. Consider a case in which B occupies A's land under an agreement with A, and that agreement gives B a right to exclusive possession of the land, for a fixed term. Which of the following statements most accurately describes B's position?

B cannot have a legal estate in the land. correct incorrect

B's right is capable of counting as a legal estate in the land. correct incorrect

B certainly has a legal estate in the land. correct incorrect

The question of whether B has a legal estate depends on whether or not B is paying rent. correct incorrect

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. In which of the following situations is the court most likely to find a lease to have been created?

A gives B the exclusive right to use some of A's land for a specific purpose. correct incorrect

A grants B the right to exclusive possession of land for a term at a rent, for a commercial purpose, but the deed specifically states the agreement gives B only a licence. correct incorrect

A grants B in writing, permission to occupy land for a term, at a rent, for a specific commercial purpose. correct incorrect

A, a local authority, gives B, who was formerly homeless, occupation of an allocated room in a hostel. correct incorrect

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. Which of the following is, from a doctrinal perspective, the most persuasive justification of the House of Lords' decision to ignore the sharing clause in Antoniades v Villiers and anor?

Mr Antoniades could never insert others into occupation as the Rent Acts prevented him from exercising his power to do so. correct incorrect

The sharing clause was a 'sham'. correct incorrect

The sharing clause was inserted solely for the purpose of preventing a lease arising, and so could be disregarded by the court. correct incorrect

For the term to be binding, the parties must intend not only that the term should create legal rights, but also that the term will be enforced in practice. correct incorrect

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. Which of the following statements best explains the effect and result of the Supreme Court's decision in Berrisford v Mexfield Housing Co-operative Limited?

The decision in Prudential Assurance v London Residuary Body was not overruled: Mrs Berrisford lost her appeal. correct incorrect

The decision in Prudential Assurance v London Residuary Body was not overruled: Mrs Berrisford won because she was found to have a 90 lease, which could be determined only on her death or on the grounds set out in her agreement with the co-operative. correct incorrect

The decision in Prudential Assurance v London Residuary Body was not overruled: Mrs Berrisford won because she was able to enforce her agreement with the co-operative as a matter of contract law. correct incorrect

The decision in Prudential Assurance v London Residuary Body was overruled: Mrs Berrisford won because her agreement with the co-operative created a lease, even though it was for an uncertain term. correct incorrect

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. Match the following types of leases to the relevant formality rule.

A legal lease for two years, at a market rent, with possession beginning immediately

Must be registered: see LRA 2002, ss 4 and 27 Must be made in a deed: see LPA 1925, s 52 No formality rule applies May be created orally: see LPA 1925, s 54(2)

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A legal lease for 21 years

Must be registered: see LRA 2002, ss 4 and 27 No formality rule applies May be created orally: see LPA 1925, s 54(2) Must be made in a deed: see LPA 1925, s 52

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A legal lease for five years

Must be registered: see LRA 2002, ss 4 and 27 Must be made in a deed: see LPA 1925, s 52 May be created orally: see LPA 1925, s 54(2) No formality rule applies

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A legal implied periodic tenancy

No formality rule applies Must be made in a deed: see LPA 1925, s 52 Must be registered: see LRA 2002, ss 4 and 27 May be created orally: see LPA 1925, s 54(2)

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. In which of the following situations must a deed be used?

A has orally granted B a lease, taking effect in possession and at a market rent, for a period of one year. B then transfers that lease to C. correct incorrect

A has already granted B a lease for ten years. B grants C a sub-lease of that land for one year, at a market rent and taking effect in possession. correct incorrect

A has already granted B a lease for a period of 99 years. B grants C a sub-lease of that land for two years, at a market rent and taking effect in possession. correct incorrect

A has already granted B a lease for a period of four years. B grants C a sub-lease of that land for three years, at a market rent and taking effect in possession. correct incorrect

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. In April 2012, A grants B a five year lease of registered in land, in writing. In June 2012, before B goes into occupation of the land, A transfers the freehold in the land to C. C refuses to allow this, but B can insist on going into occupation, as she has an overriding interest.

True correct incorrect

False correct incorrect