blog




  • Essay / Two types of leases - 2011

    A lease is an interest in land which allows the holder to enjoy the land for the duration of the lease. There are two types of leases: fixed-term leases and periodic leases. The first can exist for any period of time provided that the maximum duration is fixed, while the second is characterized by payment at a regular fixed interval, for example weekly, and continues to be automatically renewed until whether the owner or tenant chooses to terminate the lease. In contrast, a license is a personal authorization to occupy or use land owned by the landowner. There are four types of licenses, namely: bare licenses, licenses coupled with interest, contractual licenses and licenses by estoppel. However, unlike a lease, a license does not equate to an estate or interest in land, it is essentially a legal right for the license holder to occupy the property without being considered a trespasser . As the freehold owner of the building, Henry's success in his quest to obtain an order for possession of the three apartments depends largely on the status of the occupants: whether they are licensed or licensed. a lease. The first question to resolve is to determine the type of right that the occupants have to occupy their apartment, such as a lease or permit right. Although the agreement includes a clause which identifies it as a license and not a rental contract, this is of little significance as case law from Addiscombe Gardens Estates Ltd v Crabbe has shown that the law is more concerned with the type of relationship. the actual construction of the agreement created between the parties, rather than the words used in the agreement to resemble the label that the parties want the relationship to be. Thus, the main i...... middle of paper ......n & Quadrant Housing Trust', (2005), CPL, 121.[1875] LR CP 402 (CtCP).[1992] 2 AC 288 (HL).Judith Bray, Unlocking Land Law, (3rd ed., Hodder Education, 2010), 349.[1978] 1 WLR 1014 (CA). John-Paul Hinojosa, “On Property, Leases, Licenses, Horses and Carts: Revisiting Bruton v London & Quadrant Housing Trust”, (2005), CPL, 114. Roger Sexton, Barbara Bogusz, Land Law Text, Cases, and Materials, (3rd edition, Oxford University Press), 345-348.Roger Sexton, Barbara Bogusz, Land Law Text, Cases, and Materials, (3rd edition, Oxford University Press), 298-299.[1958. ] 1 QB 513 (CA).[1985] 2 All ER 289 (HL). Roger Sexton, Barbara Bogusz, Land Law Text, Cases, and Materials, (3rd edition, Oxford University Press), 345.[1944] KB 368 (CA).Joe Cursley, Mark Davys, Land Law, (7th ed., Palgrave Macmillan, 2011), 156.[1988] 3 WLR 1205 (HL).