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A lease of land involves both proprietary and contractual rights for both the landlord and the tenant, and so is subject to contradictory pressures. In order to evaluate how rights and interests in land are acquired, protected and lost it is necessary to discuss creation of lease, protection of rights and interest and termination of lease…
A tenant is the 'owner' of land, albeit temporarily and subject to restriction but equally he is a consumer contracting for the provision of 'service'. In Bruton v London & Quadrant Housing Trust1, have upheld the existence of contractual, non-proprietary rights lease where the landlord has no proprietary estate from which to grant a proprietary lease.
However, it must be created in the proper manner and it must satisfy the definition contained in LPA 1925 s. 205(1)(xxvii). The 1925 scheme was reformed in 1986 (Land Registration Act 1986) and again by the 2002 Act, which has been accused of introducing yet more confusion to the law of leases.
There are 3 kinds of lease, legal lease, equitable lease and tenancies by estoppel. Legal lease created by deed, this includes periodic tenancies (LPA 1925 SS. 52, 54). Due to the doctrine of Walsh v Lonsdale2, a contract for a lease operates as an equitable lease without any further action being necessary. The LP (MP) A3 1989 s. 2 supersedes s. 40 of the LPA 1925. A tenancy by estopple operates where the landlord has no title to the land when a lease is granted.
The LRA 2002 has made substantial changes to the formalities required for leases, most of which require registration or protection on the land register. Three types of lease are recognised by the 2002 Act:
Most leases, ...