Chapter 6 Further reading
I Williams ‘The Certainty of Term Requirement in Leases: Nothing Lasts Forever’ (2015) 74(3) CLJ 592
Seeks to explain the requirement of certainty of term in the creation of a leasehold estate. Considers ways that the Common Law has addressed issues of uncertainty and the difficulties that have been encountered in so doing.
J Summers ‘Certainty in the terms of leasehold demises: recent consideration in Berrisford v Mexfield Housing Co-operative Ltd’ WLTB 2012 1(Feb) 1 - 3
Provides a discussion of the requirement of certainty of term in a leasehold estate in the light of the Berrisford v Mexfield decision.
M Lower ‘The Bruton tenancy’ Conv. 2010 1 38 – 56
Examines the development of the non-proprietary lease through an examination of case law. Analysis is given of the decision in Bruton with a look at the implications it has had in subsequent cases.
M Pawlowski ‘The Bruton tenancy – clarity or more confusion?’ Conv. 2005 May/June 262 - 270
Discusses the difference between a contractual lease and a proprietary one in terms of how they arise and the rights they confer. Ponders the question whether a distinction can now be drawn between a contractual tenancy and a contractual licence.
M Dixon ‘The non-proprietary lease: the rise of the feudal phoenix’ 2000 CLJ 59(1) 25 - 28
Discusses how the House of Lords in the decision of Bruton v London & Quadrant Housing Trust [2000] was able to hold that a lease exists when the head occupier had no estate to give to his sub occupier. Considers whether the case of Bruton has resurrected the concept of a lease as mere personalty and whether the boundary between a lease and a licence has been blurred
J P Hinojosa ‘On property, leases, licences, horses and carts: revisiting Bruton v London & Quadrant Housing Trust’ Conv. 2005 Mar/April 114 - 122
Looks at how the law distinguishes between a lease and a licence and whether the decision inBruton v London & Quadrant Housing Trust [2000] has blurred that distinction. Is the Bruton lease still a proprietary one?
S Bridge ‘Leases – contract, property and status’ Land Law: Issues, Debates and Policy L Tee (Willan 2002) 98 - 131
Discusses the lease as a proprietary interest and how its features differ from that of a licence. It considers statutory intervention on the regulation of landlord and tenant relationships – the differences between the residential and commercial sectors. Considers the implications of a lease being both a contract and an estate in land.