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Property Law: Leases and Licenses p2

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Questions and Answers

What is the primary difference between a lease and a license?

Exclusive possession

What are the two types of time periods that can be specified in a lease?

Fixed or periodic

What is the minimum requirement for a lease to be considered valid?

Exclusive possession and obligation to pay rent

What is the essential characteristic of a joint tenancy that distinguishes it from a lease?

No exclusive possession Signup and view all the answers

What is the significance of the AG secunnes v Vaughon case in relation to leases and licenses?

It highlights the importance of exclusive possession in distinguishing between a lease and a license Signup and view all the answers

In what way did the AG securities v Vaughan case illustrate the distinction between a lease and a license?

It showed that a grant of exclusive possession of a property for a given time period, such as a room, can be considered a lease, even if it was initially referred to as a license. Signup and view all the answers

What is the key element that determines whether a grant of property is a lease or a license?

Exclusive possession of the property Signup and view all the answers

What is the significance of the term of a lease?

It determines how long the tenant will be staying and is a fundamental aspect of a lease. Signup and view all the answers

What are the two essential obligations of a lease?

Exclusive possession and an obligation to pay rent Signup and view all the answers

What is the primary characteristic of a lease that determines its validity?

The grant of exclusive possession of the property for a fixed or periodic time period Signup and view all the answers

What was the outcome of the Street v Mountford case?

The court ruled that the agreement was a lease, despite being labelled as a licence. Signup and view all the answers

What is the significance of exclusive ownership in determining whether an agreement is a lease or a licence?

Exclusive ownership is a key factor in determining whether an agreement is a lease, rather than a licence. Signup and view all the answers

What are the implications of granting exclusive possession in a property agreement?

Granting exclusive possession implies a lease, rather than a licence. Signup and view all the answers

How does the court determine whether an agreement is a lease or a licence?

The court determines whether an agreement is a lease or a licence based on the presence of exclusive possession and other key factors. Signup and view all the answers

What are the implications of labelling an agreement as a licence, when in fact it constitutes a lease?

Labelling an agreement as a licence, when it constitutes a lease, can have significant legal implications and consequences. Signup and view all the answers