Chapter 7 Self-test questions

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The requirements of a lease (i.e. a legal estate taking effect as a 'term of years absolute' under s 1 of the LPA 1925) 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, in return for paying rent to A. 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, 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 the most persuasive explanation of the fact that, in Antoniades v Villiers (1990), the House of Lords ignored the clause that required Mr Villiers and Miss Bridger to share occupation of the property with any other persons authorized by the landlord?

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 (2012)?

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 year 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

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 Must be registered: see LRA 2002, ss 4 and 27

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A legal lease for 21 years

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

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A legal lease for five years

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

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A legal implied periodic tenancy

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) Must be registered: see LRA 2002, ss 4 and 27

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In April 2012, A gives B a five year lease, at a market rent, of registered land, in writing signed by A and B but not witnessed. In June 2012, before B goes into occupation of the land, A transfers the freehold in the land to C. Even if C objects, B can insist on going into occupation, as B has an overriding interest.

True correct incorrect

False correct incorrect

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The concept of _______________ ______ _______ continues to be central to the enforceability of leasehold covenants by and against the current parties to the lease.

Your response

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A 50 year lease is executed in June 1999 between LO and TO. In 2003, TO assigns her lease to TA. In 2005, LO sells his land to LA. A dispute then arose following TA's failure to pay the rent. Which of the following four types of action is most likely to result from TA's failure to pay the rent?
Please select all that apply.

LA against TA. correct incorrect

LO against TA and LA against TA. correct incorrect

LA against TA and TO. correct incorrect

LO against TO. correct incorrect

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Forfeiture is the process by which a landlord can __________ a lease by exercising a right to re-enter the premises.

Your response