Termination Of Fixed Term Tenancy

Summary

Termination of a fixed-term tenancy can occur through surrender when the tenant, with the landlords agreement, relinquishes the lease. In Prudential Assurance Co. Ltd v London Residuary Body, a lease must have a certain term to be valid. Leases over seven years must be registered under Section 27(2) of the Land Registration Act 2002. A periodic tenancy arises when a tenant continues to occupy and pay rent after a lease expires. A contractual license exists when significant control is retained by the property owner. Notice by one joint tenant can terminate a joint periodic tenancy. A leasehold covenant outlines rights and responsibilities in a lease. Privity of contract involves original contract parties, while privity of estate involves current parties with a direct relationship concerning the estate. An easement benefits one landowner over anothers land, and the servient tenement is burdened by it.

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Termination of a fixe****-term tenancy can come about through surren****er. When ****oes this occur? Question 1Select one: A. When the lan****lor**** serves notice on the tenant of his or her intention to terminate the tenancy. B. It occurs when the tenant is in breach of covenants containe**** in the lease an**** the lan****lor**** seeks to bring the lease to an en****. C. When the tenant, with the agreement of the lan****lor****, relinquishes the lease to the lan****lor****.
The correct answer is:
C. When the tenant, with the agreement of the lan****lor****, relinquishes the lease to the lan****lor****.
This is when the surren****er of a fixe****-term tenancy occurs.
What legal principle forms a key aspect of the ****ecision in Pru****ential Assurance Co. Lt**** v Lon****on Resi****uary Bo****y [*] * WLR *? Question 2Select one: A. Although a lease can be for any ****uration, to be vali****, it must have a certain term. B. An agreement can only take effect as a vali**** lease if it grants the occupant a right of exclusive possession. C. Rent is not an essential requirement for a vali**** lease.
The correct answer is:
A. Although a lease can be for any ****uration, to be vali****, it must have a certain term.
Arthur owns the legal freehol**** title to a plot of lan****. The freehol**** title to Arthur’s lan**** is registere****. Arthur agrees to lease the lan**** to Bethany for a term of 25 years. Which statutory provision establishes that the lease must be registere**** if it is to take effect as a legal lease? Question 3Select one: A. Section *(*) of the Lan**** Registration Act *. B. Section *(*) of the Lan**** Registration Act *. C. Section *(*) of the Law of Property Act *. D. Section *(*) of the Law of Property Act *.
Case Rating: *
For Arthur's situation, the relevant statutory provision is:
- Section *(*) of the Lan**** Registration Act *
This section states that leases over seven years must be registere**** to take effect as a legal lease.
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Frank occupie**** commercial premises on the basis of a *-year lease un****er which he pai**** rent of £* per month. Frank’s lease expire**** on * January * but he has since continue**** to occupy the premises an**** to pay rent, which the lan****lor**** accepts, on a monthly basis. What type of interest ****oes Frank have in the lan****? Question 4Select one: A. Frank has a perio****ic tenancy that runs from month to month. B. On * January *, Frank acquire**** a fee simple absolute in possession. C. Frank has no right to occupy the premises an**** is trespassing. D. On * January *, Frank acquire**** a new *-year lease.
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Frank has a perio****ic tenancy that runs from month to month. This type of tenancy is create**** when a tenant continues to occupy the premises an**** pay rent after the expiration of a fixe****-term lease, an**** the lan****lor**** accepts the rent.
Charlotte owns the legal freehol**** to * Wivenhoe Square. Charlotte agrees that Catherine an**** Isa can occupy furnishe**** rooms in the house for a term of one-year in return for a monthly payment from each of £*. Charlotte promises to clean the premises, empty rubbish bins an**** wash be********ing on a weekly basis. Charlotte also retains the right to enter the property without notice an**** to require Catherine an**** Isa to vacate it. What type of arrangement exists between the parties? Question 5Select one: A. A fixe****-term lease B. A perio****ic tenancy C. A contractual licence D. A bare licence
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The arrangement between Charlotte, Catherine, an**** Isa appears to be a contractual licence (C). This is because Charlotte retains significant control over the property by promising services (cleaning, emptying rubbish, washing be********ing) an**** retaining the right to enter without notice an**** to require them to vacate at any time. These factors suggest that it is not a lease or tenancy, but a licence.
Mathil****e an**** Giovanni occupy * Wivenhoe Square on the basis of a joint perio****ic tenancy. The agreement with their lan****lor**** requires them to pay rent on a monthly basis. After a row between Mathil****e an**** Giovanni, Mathil****e gives their lan****lor**** a month’s notice of her intention to quit. Giovanni ****oes not know about this an**** ****oes not want to leave the property. Can Mathil****e’s notice to quit effectively terminate the lease? Question 6Select one: A. Yes, because the giving of notice to quit by one joint tenant is effective to terminate a joint perio****ic tenancy. B. No, because a notice to quit is only effective if it is serve**** by both joint tenants. C. Yes, but only if the lease contains a “break clause”.
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Mathil****e’s notice to quit can effectively terminate the joint perio****ic tenancy. The correct answer is:
A. Yes, because the giving of notice to quit by one joint tenant is effective to terminate a joint perio****ic tenancy.
What is a “leasehol**** covenant”? Question 1Select one: A. A clause in a lease that stipulates the particular rights an**** responsibilities of the lan****lor**** or the tenant. B. A lease that is agree**** in writing. C. A lease grante**** by a person who is herself a tenant of the same property.
Case Rating: *
A leasehol**** covenant is:
A. A clause in a lease that stipulates the particular rights an**** responsibilities of the lan****lor**** or the tenant.
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Which of the statements below most accurately ****escribes the concept of privity of contract? Question 2Select one: A. The principle that the lan****lor**** can only bring a lease to an en**** before its term has expire**** if the tenant commits a breach of covenant. B. The relationship that exists between lan****lor**** an**** tenant un****er a lease, which entitles each to sue or to be sue**** by the other for as long as the relationship continues, even though they were not the original parties to the contract. C. The relationship that exists between the original parties to a contract, which entitles each either to sue or to be sue**** by the other for as long as the contract is in existence.
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The most accurate ****escription of privity of contract is:
C. The relationship that exists between the original parties to a contract, which entitles each either to sue or to be sue**** by the other for as long as the contract is in existence.
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If a tenant breaches a covenant containe**** in a lease, the right to forfeit the lease enables a lan****lor**** to terminate the lease an**** re-enter or repossess a leasehol**** property. When a lan****lor**** seeks to forfeit a lease for breach of covenants other than to pay rent, he or she shoul**** follow the notice proce****ure set out in which statutory provision? Question 3Select one: A. Section * of the Protection from Eviction Act *. B. Section *(*) of the Criminal Law Act *. C. Section *(*) of the Law of Property Act *. D. Section *(*) of the Lan****lor**** an**** Tenant Act *.
Case Rating: *
The correct statutory provision for the notice proce****ure a lan****lor**** shoul**** follow when seeking to forfeit a lease for breach of covenants other than to pay rent is:
C. Section *(*) of the Law of Property Act *.
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Steph owns the legal freehol**** title to a plot of lan****. Steph grants a *-year lease of the lan**** to Megan. Steph assigns her reversionary interest to Nikita. Who now has privity of estate? Question 4Select one: A. Steph an**** Nikita B. Megan an**** Nikita C. Megan an**** Steph
Case Rating: *
The correct answer is:
B. Megan an**** Nikita
This is because privity of estate exists between the parties who have a ****irect relationship concerning the estate. In this case, Megan, as the tenant, an**** Nikita, as the new hol****er of the reversionary interest after Steph's assignment, have privity of estate.
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Miles owns the legal freehol**** title to a plot of lan****. Miles grants a *-year lease of the lan**** to Robyn. Robyn assigns the lease to Vincent. Who now has privity of estate? Question 5Select one: A. Miles an**** Vincent B. Robyn an**** Vincent C. Miles an**** Robyn
Case Rating: *
Since Miles has grante**** a *-year lease to Robyn, an**** Robyn has assigne**** that lease to Vincent, privity of estate now exists between Miles an**** Vincent.
The correct answer is:
A. Miles an**** Vincent
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E****genorth Property Developments owns the legal freehol**** to a shop. In *, E****genorth grante**** a vali**** *-year legal lease of the shop to Cassan****ra an**** Clarissa. Cassan****ra an**** Clarissa registere**** the lease at the Lan**** Registry. However, Cassan****ra an**** Clarissa have ****eci****e**** that they want to move premises an**** inten**** to assign the lease to A****e. E****genorth has in****icate**** that they will consent to the assignment. To ensure that the assignment is effective in conveying a legal estate, are there any formalities requirements that apply? Question 6Select one: A. No, an oral contract will ****o B. Yes, but the assignment nee**** only be ma****e by ****ee**** C. Yes, but the assignment nee**** only be ma****e by written contract D. Yes, the assignment must be ma****e by ****ee**** an**** it must be registere****
Case Rating: *
To ensure the assignment of the lease from Cassan****ra an**** Clarissa to A****e is effective in conveying a legal estate, the correct answer is:
D. Yes, the assignment must be ma****e by ****ee**** an**** it must be registere****.
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Which of the statements below most accurately ****escribes what an easement is? Question 1Select one: A. An easement creates a type of personal right entitling a person to ****o something on another person's lan****. B. An easement is a type of right that entitles one lan****owner to a benefit from a right over another person's lan****. C. An easement is usually grante**** in exchange for the payment of money an**** gives a person a right of exclusive possession over lan**** that is owne**** by another person.
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An easement is a type of right that entitles one lan****owner to a benefit from a right over another person's lan**** (B).
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In the context of the law of easements, which of the statements below most accurately ****escribes the concept of the servient tenement? Question 2Select one: A. The servient tenement is the lan**** that benefits from an easement grante**** by a neighbouring lan****owner. B. The servient tenement is the lan**** that is bur****ene**** by an easement. C. The servient tenement is the lan**** that has the a****vantage of an easement over another piece of lan****.
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The most accurate ****escription of the servient tenement is:
B. The servient tenement is the lan**** that is bur****ene**** by an easement.
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The case of Lon****on & Blenheim Estates Lt**** v La****broke Retail Parks Lt**** [*] * WQLR * is an important case in the law of easements. Which of the statements below most accurately ****escribes a principle confirme**** in that case? Question 3Select one: A. The case establishe**** that an easement will only have come into existence if the ****ominant an**** servient tenements are of sufficient proximity to each other. B. The case confirms that an easement will only be create**** if the ****ominant an**** servient tenements are i****entifiable at the time of the creation of the right. C. The case shows us that an easement will only exist if the ****ominant an**** the servient tenement are in separate ownership.
Case Rating: *
The principle confirme**** in the case of Lon****on & Blenheim Estates Lt**** v La****broke Retail Parks Lt**** [*] * WQLR * is:
B. The case confirms that an easement will only be create**** if the ****ominant an**** servient tenements are i****entifiable at the time of the creation of the right.
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There is a rule that an easement can only come into existence if it "accommo****ates" the ****ominant lan****. Which of the statements below best explains what this means? Question 4Select one: A. It means that a right allowing one person to use another's lan**** for recreation or leisure pursuits cannot take effect as an easement. B. It means that a right will only take effect as an easement if it allows the owner of the ****ominant lan**** to live on the servient owner's lan****. C. It means that a right can only take effect as an easement if it benefits the ****ominant lan**** rather than provi****ing a mere personal benefit to the owner of the ****ominant lan****. D. It means that a right can only take effect as an easement if it creates rights that are not connecte**** to the use an**** enjoyment of the lan****.
Case Rating: *
The correct answer is:
C. It means that a right can only take effect as an easement if it benefits the ****ominant lan**** rather than provi****ing a mere personal benefit to the owner of the ****ominant lan****.
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The case of Copelan**** v Greenhalf [*] Ch * is an important one in the law on easements. Which of the statements below most accurately ****escribes the outcome in that case? Question 5Select one: A. In Copelan**** v Greenhalf, the court rejecte**** a claim for an easement because a right will usually not take effect as an easement if it imposes a positive bur****en on the servient owner. B. In Copelan**** v Greenhalf, the court rejecte**** a claim for an easement because it felt that the right claime**** was too extensive to be an easement. C. In Copelan**** v Greenhalf, the court conclu****e**** that the claimant ha**** an easement to park cars on a neighbouring property because the servient tenement was sufficiently large to accommo****ate those cars.
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The most accurate statement about the outcome in the case of Copelan**** v Greenhalf is:
B. In Copelan**** v Greenhalf, the court rejecte**** a claim for an easement because it felt that the right claime**** was too extensive to be an easement.
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Which section of the Law of Property Act * operates so that, where there is a conveyance of lan****, the conveyance automatically inclu****es all rights an**** benefits attache**** to the lan****, inclu****ing any pre-existing easements benefiting the lan****? Question 1Select one: A. Section * B. Section * C. Section * D. Section *
Case Rating: *
The correct answer is:
C. Section *
Section * of the Law of Property Act * operates to automatically inclu****e all rights an**** benefits attache**** to the lan**** in a conveyance, inclu****ing any pre-existing easements benefiting the lan****.
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Which of the statements below best ****escribes an easement arising by prescription? Question 2Select one: A. An easement that is create**** where a lan****owner transfers part of his or her lan**** to another person. B. An easement that is implie**** into a transfer of lan**** because the lan**** woul**** be completely unusable without it. C. An easement that is implie**** into a conveyance of lan**** to give effect to the common intention of the parties. D. An easement that arises through long use.
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The best ****escription of an easement arising by prescription is:
D. An easement that arises through long use.
Feel free to ask if you have any more questions or nee**** further assistance!
Which of the statements below most clearly ****efines the concept of an implie**** easement? Question 3Select one: A. An easement that has been expressly grante**** or reserve**** in a ****ee**** of conveyance. B. An easement that arises through long use. C. An easement create**** by ****ee**** that curtails or otherwise limits the rights of a lan****owner. D. An easement where the rights are implie**** by law, an**** not specifie**** in any ****ee****.
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The most accurate ****efinition of an implie**** easement is:
D. An easement where the rights are implie**** by law, an**** not specifie**** in any ****ee****.
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In the context of lan**** law, which of the statements below most accurately ****escribes the concept that a right might "run with the lan****"? Question 1Select one: a. A right that runs with the lan**** is one that is not tie**** to the property an**** that ****oes not transfer along with ownership of the lan****. b. A right runs with the lan**** if it transfers from one owner of the lan**** to another. c. A right that is personal to the current owner is one that runs with the lan****.
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The correct answer is:
b. A right runs with the lan**** if it transfers from one owner of the lan**** to another.
This means that the right is tie**** to the property itself an**** is passe**** on to subsequent owners.
Do you have any more questions or nee**** further assistance with another legal matter?
In the context of the law of freehol**** covenants, which of the statements below most accurately ****escribes the "original covenantee"? Question 2Select one: a. The original covenantee is the person against whom another lan****owner can enforce a freehol**** covenant. b. The original covenantee is the person who grante**** the covenant, an**** whose lan**** is bur****ene**** by the covenant. c. The original covenantee is the person who grante**** the covenant, an**** whose lan**** is benefite**** by the covenant.
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The most accurate statement ****escribing the "original covenantee" is:
c. The original covenantee is the person who grante**** the covenant, an**** whose lan**** is benefite**** by the covenant.
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In the context of the law of freehol**** covenants, which of the statements below most accurately ****escribes the "original covenantor"? Question 3Select one: a. The original covenantor is the person who can enforce a freehol**** covenant against another lan****owner. b. The original covenantor is the person who grante**** the covenant, an**** whose lan**** is bur****ene**** by the covenant. c. The original covenantor is the person who grante**** the covenant, an**** whose lan**** is benefite**** by the covenant.
Case Rating: *
The most accurate ****escription of the "original covenantor" in the context of the law of freehol**** covenants is:
b. The original covenantor is the person who grante**** the covenant, an**** whose lan**** is bur****ene**** by the covenant.
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Ann owns the freehol**** title to a plot of lan**** just outsi****e Wivenhoe. That title is subject to a covenant in favour of a neighbouring lan****owner that obliges Ann not to buil**** on the lan****. Ann acknowle****ges that the covenant is bin****ing against her an**** her successors in title but she also believes that the covenant ought to be ****eeme**** obsolete ****ue to changes in the character of the property an**** the neighbourhoo****. If Ann applies to the Lan****s Chamber to ****ischarge the covenant, which of the following statutory provisions woul**** be most effective in supporting Ann's case? Question 5Select one: a. Section *(*) of the Law of Property Act *. b. Section *(*) of the Law of Property Act *. c. Section *(*) of the Law of Property Act *. ****. Section *(*)(a) of the Law of Property Act *. e. Section *(*)(b) of the Law of Property Act *.
Case Rating: *
The most effective statutory provision to support Ann's case in applying to the Lan****s Chamber to ****ischarge the covenant is:
****. Section *(*)(a) of the Law of Property Act *.
This section allows for the ****ischarge or mo****ification of restrictive covenants if they are ****eeme**** obsolete ****ue to changes in the character of the property or neighbourhoo****.
Do you nee**** more assistance with this legal matter?
Ann owns the freehol**** title to a plot of lan**** just outsi****e Wivenhoe. That title is subject to a covenant in favour of a neighbouring lan****owner that obliges Ann not to buil**** on the lan****. Ann acknowle****ges that the covenant is bin****ing against her an**** her successors in title but she also believes that the covenant ought to be ****eeme**** obsolete ****ue to changes in the character of the property an**** the neighbourhoo****. If Ann applies to the Lan****s Chamber to ****ischarge the covenant, which of the following statutory provisions woul**** be most effective in supporting Ann's case? Question 5Select one: a. Section *(*) of the Law of Property Act *. b. Section *(*) of the Law of Property Act *. c. Section *(*) of the Law of Property Act *. ****. Section *(*)(a) of the Law of Property Act *. e. Section *(*)(b) of the Law of Property Act *.
Case Rating: *
The most effective statutory provision to support Ann's case in applying to the Lan****s Chamber to ****ischarge the covenant is:
- ****. Section *(*)(a) of the Law of Property Act *
This section allows for the ****ischarge or mo****ification of restrictive covenants if they are ****eeme**** obsolete ****ue to changes in the character of the property or neighbourhoo****.
Do you have any other legal questions or nee**** further assistance?