The Law And Common Law

In essence, “leases” are created between landlords and tenants as contracts to grant exclusive possession of the land for a defined period of time, in exchange of rent from tenant. Leases give contractual interests to tenants, while at the same time creates proprietary interests in the land by granting exclusive possession, which elevates a tenancy into an “estate/interest in land”. It can therefore be understood and has been suggested by commentators that leases are of dual nature and should “be characterised as something of a hybrid”[1]: a hybrid of contract and estate in land. In the landmark case of Bruton v London and Quadrant Housing Trust[2],

2. I will define licensing agreement: in this case we are talking about an international licensing agreement which allow foreign firms, either exclusively or non -exclusively to manufacture a proprietor’s product for a fixed term in a specific market. Licensing is a relatively flexible work agreement that can be customized to fit the needs and interests of both, licensor and licensee.

The determination of whether an arrangement is or contains a lease is based on the substance of the arrangement and requires an assessment of whether the fulfilment of the arrangement is dependent on the use of a specific asset or assets and whether the arrangement

In Lucas V. South Carolina costal council of 1992, Justice Antonin Scalia delivers the court’s opinion stating “sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking…” (Lucas 1234).

the lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods;

* premises licence: to use a premises for licensable activities, subject to conditions on the licence

This entitles the owner to have full ownership of the land for disposal without limitation of selling or gifting, and if the owner dies it will become part of their estate. Although this type of ownership is unrestricted there are also certain obligations that need to be followed including general neighbouring commitments such as not interfering with neighbouring allotments and not creating nuisance, the Crown Grant have all reserved rights in possessing the land, restrictions of the land in use may be effected by expressed terms stated in the contract such as a restrictive covenant and restrictions through future planning and legislations may subside.

Contract and landlord tenant law is extremely intricate and detailed and each party must hold up their end of the deal. Otherwise, the legal ramifications can be far reaching for the of-fending

The largest type of tenure within the UK is Owner Occupation, this is where the tenant actually owns the home they live in, either in full or part-owned. 66% of tenants within the UK are home owners making the owner occupier market the biggest in the housing world. There are two specific types of home ownership, Full owner occupier and Shared ownership.

Occupancy agreements could include tenancy agreements, licensing agreements, licences to occupy premises, and leasehold agreements.

The major reason why it is imperative to bind in a legal agreement before leasing is that human kind are unpredictable. Oral agreements are also difficult to enforce in law. The absence of a lease agreement can make the arbitration process in case of disagreements during the life of the contract very untenable. Furthermore, a lease agreement spells out all the multifaceted issues relating to occupation of the premise.

Exclusive possession could perhaps be the ‘foundation of the lease/license distinction’. Street v Mountford is perhaps of paramount importance when analysing the concept of exclusive possession. Lord Templeman, had argued that where ‘exclusive possession’ was granted at a premise in land, for a term at a rent for a specific period, then a lease is granted. The judgment was based on whether the intentions of the parties was of significance matter thus it was stated to be a ‘licence’. It was held to be a lease. As a result, the tenant was protected by the Rent Act, which had provided the tenants with protection in the land. This is perhaps one of the most important reasons why it’s important to distinguish between a lease and a license as it

Next is quiet enjoyment; meaning the tenants have right to enjoy their home without the interference of the land lord. Unless the landlord needs access to the property to maintain the property, but even in this case the landlord must give a notice to the tenant. Landlrds also have the duty to make sure that they have legal grounds to evict their tenants and to follow the proper steps to do so. Lastly the owners have the responsibility to maintain the premises. This means making sure its livable and up to their state and local building codes.

BACKGROUND FACTS: We are acting for Robert Joyce, who has two problems regarding different issues. The first problem is in relation to his company, Joyce Holdings Ltd. His company was granted a commercial lease, whereby Mr Joyce acted as a guarantor and guaranteed to take on a new lease of the premises if the company became insolvent. The company went into administration early this year. The administrators have vacated the property and ceased to take responsibility or pay rent to the landlord. They have returned the keys and surrendered the lease for no payment. The landlord has secured the premises and marketed it receiving no interest. The landlord is now requiring Mr Joyce to take a new lease of the premises under his guarantee. The second problem concerns his freehold house in Peterborough. He wishes to let this out to foreign workers (principally but not exclusively) from Poland. He is not using a letting agent as he has his own source in Poland. He is aware of the legislative requirements up until the end of 2015 and is unaware of any changes in 2016.

A lease involves a grant of the right of exclusive possession for a certain period of time as per Radaich v Smith where it was held that whether the transaction creates a lease or licence depends on the intention of the parties regarding what relationship the lessee shall have to the land. It does not matter whether the terms ‘licensee’ or ‘tenant’ are used, as it is a matter of substance rather than form. In the present case, there is an agreement that states the duration of the tenancy as being one year and the rent as $1000 per month. Thus certainty of duration is clearly stated. It is therefore a matter of whether the right of exclusive possession has been granted. Here the tenant is entitled to uninterrupted possession for the full