Chapter 6 Multiple choice questions

. Which of the following are essential characteristics of a lease?

Certainty of term, exclusive possession, and rent

Certainty of term, exclusive possession, and creation by deed

Certainty of term and exclusive possession

Exclusive possession only

. Which one of the following statements is FALSE?

No certainty of term can exist where a lease has been created for the duration of someone's lifetime.

No certainty of term can exist where the term of the lease is liable to a premature end.

Certainty of term requires a certain start date and a certain maximum duration.

Certainty of term will not be defeated by virtue of the fact that possession under the lease is discontinuous.

. Which one of the following statements is TRUE?

A periodic tenancy will always be implied where there is uncertainty of term but the tenant has taken possession and started paying rent by reference to a period.

Where there is an implied periodic tenancy, the period is calculated on the basis of how the rent is being paid.

An implied periodic tenancy will be legal provided s54(2) LPA 1925 is satisfied.

The ability to imply a periodic tenancy in circumstances where there is uncertainty of term is demonstrated in the case of Coatsworth v Johnson (1885).

. Which one of the following was NOT a key factor to influence the court when considering whether exclusive possession existed in the case of Antoniades v Villiers (1990)?

The fact the agreement was called a licence agreement.

The quasi matrimonial status of the occupants.

The relatively small size of the accommodation.

The fact that the clause to introduce others to share had never been exercised.

. Which one of the following cases is NOT an example of circumstances where the finding of exclusive possession does not necessitate the finding of a lease?

Norris v Checksfield (1991)

Marchant v Charters (1977)

Marcroft Wagons Ltd v Smith (1951)

Ashburn Anstalt v Arnold (1989)

. In which key case was a lease found to exist despite the grantor having no proprietary estate out of which to grant the lease?

AG Securities Ltd v Vaughan (1990)

Bruton v London & Quadrant Housing Trust (2000)

Prudential Assurance v LRB (1992)

United Bank of Kuwait plc v Sahib (1997)

. Which one of the following statements is FALSE?

An oral agreement to grant a lease of less than three years in duration may be valid.

An agreement to grant a lease of over three years in duration must be compliant with s1 LP(MP)A 1989.

A valid agreement to grant a lease may provide the transferee with an equitable lease.

The holder of an equitable lease in unregistered land can protect it against a purchaser by registering it as a Class C(iv) land charge.

. Which one of the following statements is TRUE?

All leases created for less than three years in duration will be legal.

A lease granted over registered land of over seven years in duration will be valid provided it has been created by deed.

Where the grant of a lease has failed to become legal for lack of formalities, it may be equitable instead provided it amounts to a specifically enforceable valid contract.

Where a lease has been created and circumstances are such that it could be seen as both legal and equitable in status, the position at law will prevail.

. Which one of the following statements is TRUE?

Forfeiture for breach of a rent covenant requires a s146 notice to be served on the tenant in breach.

Forfeiture for breach of any covenant must always be sought with the backing of a court order.

It is never possible for a tenant to seek relief from forfeiture once a landlord has re-entered the property.

Where a breach is incapable of remedy, a landlord must wait 14 days from serving a s146 notice before seeking to re-enter the property.

. Which one of the following is NOT a way in which a lease could be terminated?

Abatement

Surrender

Expiry

Merger

. Simon and Jessica were looking for a new place to live and found a small bedsit. The freeholder of the bedsit, Mallory, asked them to sign two agreements labelled 'licence' which said that each was to pay £100 per week for rent for the two year licence period. Also that Mallory was allowed to stay on the sofa when he visited the area. What is important in deciding of they have a lease or a licence?

As there are two potential tenants they must be joint tenants (s1 (6) Law of Property Act 1925) so they need unity of title, therefore if both documents are identical this should be OK, they seem to have possession unless Mallory has the right to stay on the sofa, the have unity of time on the facts and it may be an issue that they are paying different rents.

It is called a licence so that is all that it can be

They are paying rent and so they have rent, there is time and they have possession

As there are two potential tenants they must be joint tenants (s1 (6) Law of Property Act 1925) so with unity of title they have signed separate forms so this is missing. Also they don't seem to have possession as Mallory has the right to stay on the sofa, the have unity of time on the facts and they are both paying rent.

Chapter 6 Multiple choice questions

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