A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
Overriding interest is an English land law concept. The general rule in registered conveyancing is that all interests and rights over a piece of land have to be written on the register entry for that land. Otherwise, when anyone buys that piece of land, the interests will not apply to the purchaser, and the rights will be lost. Overriding interests are the exception to this general rule. Overriding interests need not be registered to bind any new owner.
Bruton v London and Quadrant Housing Trust[1999] UKHL 26 is an English land law case that examined the rights of a 'tenant' in a situation where the 'landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce the duty to repair on the association implied under landlord and tenant statutes. The effect of the case is to compel upon most cases of de facto landlords the existence or declaration of an Assured Shorthold Tenancy by implication of statute regulating the relationship between the parties.
Blackpool & Fylde Aero Club v Blackpool Borough Council [1990] EWCA Civ 13 is a leading English contract law case on the issue of offer and acceptance in relation to Call for bids. In it the Court of Appeal of England and Wales decided that tenders and requests for tenders are accompanied by a collateral contract implying that the requestor will give due consideration to any timely bid.
The Law of Property Act 1989 is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law.
Liverpool City Council v Irwin [1976] UKHL 1 is a leading English contract law case, concerning the basis on which courts may imply terms into contracts; in particular in relation to all types of tenancies, a term may be implied if required for a particular relationship, such as for the landlord to keep the stairwells clear in a tower block. The tenants also had a duty of reasonable care which some among them had been repeatedly breached and led to a continuing breach in matters of damage about which they complained so they were not entitled to withhold rent on the facts.
Implied terms in law refers to the practice of setting down default rules for contracts, when terms that contracting parties expressly choose run out, or setting down mandatory rules which operate to override terms that the parties may have themselves chosen. The purpose of implied terms is often to supplement a contractual agreement in the interest of making the deal effective for the purpose of business, to achieve fairness between the parties or to relieve hardship.
Street v Mountford[1985] UKHL 4 is an English land law case from the House of Lords. It set out principles to determine whether someone who occupied a property had a tenancy, or only a licence. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties.
Ashburn Anstalt v Arnold[1988] EWCA Civ 14 is an English land law case decided by the Court of Appeal. It establishes that in English law rent is not required for the creation of a tenancy. However its judgement on the requirements on certainty of duration of a lease has been discredited by Prudential Assurance Co v London Residuary Body2 AC 386
Chelsea Yacht and Boat Company v Pope [2001] 2 All ER 409 is an English legal case. The case established that a houseboat its cannot form part of the land as the degree of annexation is insufficient. Secondly the court held that as a result a rented houseboat to an occupier is not a dwelling house, under Part One of the Housing Act 1988 and is a chattel of its owner. The licence to occupy can be revoked, whether instantly or on reasonable notice, rather than under the more lengthy possession proceedings of the law of residential tenancies.
AG Securities v VaughanandAntoniades v Villiers[1988] UKHL 8 were two House of Lords cases decided in the same ruling, which together clarified and confirmed as pivotal the role of exclusive possession in identifying what constitutes a lease for the purposes of English land law.
Alec Lobb (Garages) Ltd v Total Oil (GB) Ltd[1984] EWCA Civ 2 is an English contract law case relating to undue influence.
Errington v Wood[1951] EWCA Civ 2 is an English contract law and English land law judicial decision of the Court of Appeal concerning agreement and the right to specific performance of an assurance that is relied on.
Bristol & West Building Society v Henning [1985] EWCA Civ 6 is an English land law case that holds a person can consent to give up the right to an overriding interest in land, that will bind third parties, such as banks, that purchase a property. Although dealing with unregistered land, it is equally applicable in the case of registered land and now falls under the Land Registration Act 2002.
In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession. The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer. Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy. If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, on a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence, or the case is pending an appeal.
Winter Garden Theatre (London) Ltd v Millennium Productions Ltd [1948] AC 173 is an English land law case, concerning licenses in land.
Mikeover Ltd v Brady [1989] is an English land law case, concerning the definition of leases, specifically a standard tenancy as opposed to a licence. Here a licence was confirmed and upheld where two former co-habitees had fallen out and separated; removing from the remaining licensee, in arrears, the extra time to remain afforded by the old Rent Act 1977 type tenancies which he hoped to benefit from.
Arnold v Britton [2015] UKSC 36 is an English contract law case on implied terms.
