A lease gives a tenant a legal estate in someone else's land — the right to exclusive possession for a defined period. As a solicitor you will meet leases constantly: drafting and reviewing them, advising tenants on their security against new owners, telling landlords whether they can recover rent or possession, and untangling who is liable when a lease changes hands. Getting the distinctions right — lease or licence, legal or equitable, who can enforce what — is the difference between sound advice and an expensive mistake.
Here is the shape of what you will cover:
- Nature of a Lease and Lease versus Licence — what a lease is and how to tell it apart from a mere licence.
- Term Certain and Joint Tenancies — the need for a definite period and how multiple occupiers hold together.
- Formalities and Equitable Leases — how legal leases are created and when an equitable lease arises instead.
- Registration, Priority and Periodic Tenancies — when leases must be registered and how periodic tenancies arise.
- Enforcement of Leasehold Covenants — who can enforce covenants after the lease is assigned.
- Obligations, Assignment and Subletting — implied duties and the rules on passing the lease on.
- Termination of a Lease — the ways a lease comes to an end.
- Forfeiture and Relief — the landlord's right to end a lease for breach, and the tenant's protections.
- Recovering Rent — the routes a landlord can use to recover unpaid rent.