Answer the following questions:
1. What are the essential requirements of a lease?
2. Explain briefly the importance of the lease/licence distinction.
3. In July 2012 Len advertised on the Student Union notice board that he was looking for four students to rent a house. Ann, Brian Christine and David answered the advert and went to see Len. He gave them separate documents, called licenses, to sign. Each allowed the signatory to occupy the house for 12 months and to share with three other people nominated by Len. The fee was ?100 per month. They all signed their documents simultaneously and went in to possession. They have now decided that they would like to stay in the house next year (which if they were tenants they would be entitled to). Len, at the end of the year wants to sell the house with vacant possession.
Advise the students.
4. What statutory and common law rights and duties are placed on the landlord and tenant when entering into a lease? Which party do you think carries the greater burden?
5. Explain the procedure for termination of leases contained in s.146 LPA 1925?
6. What is the significance of a breach being incapable of remedy?
7. In 2009, Richard purported to grant Sam a six year lease of a house. The lease was in writing and signed by both parties. It was a term of the lease that Sam would keep the interior and exterior of the house in good decorative order. Sam has never decorated the house, as a result of which the outside paintwork has broken down and the window frames are showing signs of rot. The inside of the house also looks rather shabby. He has often been late with his rent payments. Last month while Sam was on holiday Richard contracted to sell the house to Mick. Before the contract was completed last week, Sam returned from holiday. He now refuses to vacate the property.
Advise Mick.