Chapter 20 Self-test questions

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. The distinction between leases and licences is relevant when considering the applicability of particular statutes. Match the legislation to the scope of its application.

Unfair Terms in Consumer Contracts Regulations 1999

Can be applied to leases or licences Cannot be applied to leases but can be applied to licences Cannot be applied to licences but can apply to leases Can be applied to occupation of a home, whether under a lease or a licence

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Unfair Contract Terms Act 1977

Can be applied to occupation of a home, whether under a lease or a licence Can be applied to leases or licences Cannot be applied to licences but can apply to leases Cannot be applied to leases but can be applied to licences

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Rent Act 1977

Can be applied to leases or licences Cannot be applied to licences but can apply to leases Cannot be applied to leases but can be applied to licences Can be applied to occupation of a home, whether under a lease or a licence

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Human Rights Act 1998, Sch.1, Art.8

Cannot be applied to licences but can apply to leases Can be applied to leases or licences Can be applied to occupation of a home, whether under a lease or a licence Cannot be applied to leases but can be applied to licences

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. It seems apparent that, following the Housing Act 1988 and the Housing Act 1996, tenants have less of a security of tenure than they did when cases like Street v Mountford were decided. This means that, in the private residential sector, a landlord no longer has any real need to disguise a tenancy as a licence.

True correct incorrect

False correct incorrect

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. Landlord and Tenant Act 1985, s.11 applies to:

leases and licences of dwelling houses. correct incorrect

all leases and licences. correct incorrect

leases of dwelling houses. correct incorrect

leases of dwelling houses for less than seven years. correct incorrect

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. Routley's argument is that the House of Lords in Bruton v London & Quadrant Housing reached the correct result, but by the wrong route.

True correct incorrect

False correct incorrect

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. The decision in Bruton v London & Quadrant Housing has attracted criticism but it is argued that it really depends on the issue of statutory interpretation of the terms "lease" and "tenancy". On this view, the result in Bruton could be explained as dependent on an approach to statutory interpretation similar to that seen in which other case or cases?

Antoniades v Villiers correct incorrect

Street v Mountford correct incorrect

Westminster CC v Clarke correct incorrect

Antoniades v Villiers and Street v Mountford correct incorrect

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. One advantage of the Law Commissions' proposed scheme, set out in its Renting Homes report (Law Com No 297, 2006) would be the elimination of the current ________________ aspect of the lease.

Your response