This is another important chapters in this book. Following is its summary:
1) Lease and its characteristics - 3 characteristics suggested in Street v Mountford viz: (a) exclisive possession - see 5 instances where exclusive possession doesn't exists and 4 cases where it exists (b) determinate period - see the case of Ashburn and contrast with Prudential Assurance case which is the current law. Also see how monthly tenancies escapes this rule (c) for a rent or other consideration - see the rule of Ashburn Anstalt
2) The distinction between a lease and license
3) Types of lease - (a) Fixed term (can be informal if less that 3 years, in writing for more than 3 years, registration if more than 7 years), (b) periodic, (c) at will, (d) at sufferance, (e) for life (as per s149, it takes the form of 90 years), (f) perpetually renewable (As per s145, it takes the form of 2000 years lease), (g) by estoppel (see the case of Rruton v London & Quadrant
4) The creation of lease - (a) < 3 years (b) > 3 years (c) equitable lease and rule of Walsh v Lonsdale (This rule is important)
5) The terms in a lease - (a) Covenants as to quite enjoyment, fit for purpose (? Landlord and Tenants Act), implied covenants
6) Determination of lease - various ways of determining a lease
7) Remedies for the parties - (a) Distress (b) Forfeiture - procedure for landlord's relief against tenant (s210 of Common Law Procedure Act, Eviction Act, Commonhold and Leasehold Reform Act, s146 of Law of Property Act, Leasehold Property Repaid Act), tenant's relief against landlord (s212 of Common Law Procedure Act and s138 of the County Court Act), (c) Specific performance (d) Injunction (e) Damages
8) Enforceability of covenants against 3rd Parties - concept of privity estate and privity of contract, The Landlord and Tenant (Covenants) Act 1995
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