Chapter 9 Self-test questions

Which of the following is a valid 'term of years absolute'?

A right to possess land for 999 years.

A right to possess land for 6 months.

A right to possess land for a weekly rent, which can be terminated by giving one week's notice.

All of the above.

A granted B a lease of a house for 200 years. B then granted a lease of the house to C for 6 years. Who is C's landlord?

A.

B.

Both A and B.

How can you tell if a contract gives rise to a lease or a licence?

A contract gives rise to a 'lease' only if the parties use the word 'lease' to describe their agreement.

Any contract that grants a right to occupy land will give rise to a lease, unless the parties use the word 'licence' to describe their agreement.

Any contract that grants a right to exclusive possession of land for a term will give rise to a lease, unless the parties use the word 'licence' to describe their agreement.

None of the above.

A, B and C are friends. In 2018, A rents a room in a three-bedroom flat belonging to D, paying a rent of £200 a week. D also occupies the flat, and routinely comes into A's room to make sure that he is keeping it tidy and to change the sheets. In 2019, D decides to move out. She agrees that B and C can move in and occupy the remaining rooms in the flat if B will pay her £300 a week, C will pay her £150 a week, and A continues to pay £200 a week. She gives copies of the keys to A, B and C as well as keeping one for herself 'in case of emergencies'. Are A, B and C tenants under a lease?

No, because the lease is not for a certain term: Prudential Assurance Co Ltd v London Residuary Body [1972] 2 AC 386.

No, because D has kept a key: Aslan v Murphy [1990] 1 WLR 766.

No, because A, B, and C are not joint tenants: AG Securities v Vaughan [1990] 1 AC 41

Yes.

In Berrisford v Mexfield Housing Co-operative Ltd [2011] UKSC 52, the Supreme Court overruled the decision of the House of Lords in Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386. True or false?

True

False

A owns a house. In January 2018, she promised B over the phone that B could have a lease of the house lasting for two years, beginning in April 2019 and ending April 2021. When B asked about rent, A said B should pay whatever she could afford each week. Is this a valid legal lease?

No, it would only be valid if it began in January 2018 or if it had been created by deed.

Yes, because it is a short lease that does not require creation by deed or registration.

No, it would only be valid if B were paying a higher rent or if it had been created by deed.

None of the above.

A was the registered proprietor of freehold title to a house. In January 2018, she promised B over the phone that B could have a six-year lease of the house at a market rent of £1200 a month. Before B could move in, A gave her house to her daughter, C, and moved away. C now refuses to allow B to take possession of the house. Which of the following remedies are available to B?

He can enforce his legal lease against C.

He can enforce his equitable lease against C.

He can sue A for breach of contract.

None of the above.

A was the registered proprietor of freehold title to a house. In January 2018, she signed a contract promising B that he could have a six-year lease of the house at a market rent of £1200 a month. Before B could move in, A gave her house to her daughter, C, and moved away. C now refuses to allow B to take possession of the house. Which of the following remedies are available to B?

He can enforce his legal lease against C.

He can enforce his equitable lease against C.

He can sue A for breach of contract.

None of the above.

What is a 'break clause' in a lease?

A clause in a lease that entitles the landlord to compensation if the tenant breaks or damages any of the chattels on the leased premises.

A clause in a fixed-term lease that entitles the landlord to terminate the lease early if the tenant breaches any of the covenants in the lease.

A clause in a fixed-term lease that entitles the landlord or the tenant or both to terminate the lease early by giving notice.

A and B jointly leased a flat where they lived together. The tenancy was a monthly periodic tenancy, which stated that the lease could be terminated by the landlord or the tenants giving 4 weeks' notice. Without telling A, B gave the landlord notice that she wished to quit the premises. Four weeks later, the landlord asked the court to evict A as a trespasser. Will he succeed?

No, B cannot deprive A of her property rights without her consent.

No, B cannot deprive A of her status as a secured tenant without her consent.

Yes, A cannot renew the jointly owned periodic tenancy without B's consent.

None of the above.

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