No. 9 Eaton Way

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Number 9 eaton way

1/5

What land law right is the issue here?

Co-ownership

Leases

Easements

That's correct. There is a rent agreement so the question is whether this is a lease or a licence.

right answer

Burgess v Rawnsley

Re Ellenborough Park

Street v Mountford

2/5

Which is the authority that outlines the key elements of a lease?

right answer

That's correct. If the factors in Street v Mountford are satisfied it creates the presumption of a lease. Re Ellenborough Park relates to easements and Burgess v Rawnsley relates to co-ownership.

Exclusive Possession

Rent

Certain term

3/5

According to Street v Mountford, which of the following is NOT a requirement of a lease?

right answer

That's correct. Although Street v Mountford discusses rent, it is not an essential element of a lease. However, if rent is paid, it must not be a fluctuating amount. .

Yes

No

Does the agreement appear to contain a certain term?

4/5

right answer

The term is for a specific period of time so it satisfies the requirements laid down in Street v Mountford and later Prudential Assurance.

Yes. Rent charged must be at the level expected for this sort of property

No. Rent is not needed in accordance with Street v Mountford

Yes. That, along with the fact that the two parties are friends could rebut the presumption of a lease (Errington v Woods)

5/5

Does the fact that the lease is for such a nominal sum raise any potential issues?

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