StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Land Law: Analysis of Agreement - Case Study Example

Cite this document
Summary
The "Land Law: Analysis of Agreement" paper examines the license agreement signed by Linford and states that it is questionable invalidity because its signature has not been witnessed. Its provisions are slated unfairly in favor of the Linford and do not adequately protect the right of the students…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.2% of users find it useful
Land Law: Analysis of Agreement
Read Text Preview

Extract of sample "Land Law: Analysis of Agreement"

Land Law Is the agreement signed by Linford valid? The first issue that arises is whether the agreement signed by Linford is valid. The formality provisions that are spelt out for disposition of any kind of interest in property must be duly executed in writing with at least two witnesses present1. Therefore Linford’s agreement is not valid and will have to be re-executed. Another aspect to be considered is the fact that since Linford’s house proposes to house several occupants who are not related to each other, it must be duly registered and licensed as a HMO (House in Multiple Occupation)2. Moreover, the Housing Act of 2004 which has become operational since 6th April 2006 mandates certain minimum amenities in respect of the number of persons3. Hence if Linford’s house has only one bathroom and one WC and permits more than 4 occupants, it could be in violation of the Act and the local housing authority in Nottingham could restrict the number of occupants or impose other conditions. Clause (a) of the agreement allowing rights of occupation to multiple parties will therefore have to be amended or revised to ensure that it is in compliance with the requirements spelt out by the local Housing authority in Nottingham. If the number of occupiers in Linford’s house cannot be more than four in accordance with licensing requirements spelt out on par with available amenities, it may be illegal for Linford to permit more occupiers to live in the same premises. Repairs to the property: Local authorities in Nottingham could apply licensing requirements even for properties less than three storeys and occupied by less than five people, therefore Linford’s property could well qualify as an HMO4. Under the new licensing requirements for HMO’s, repairs to the property are to be carried out by the landlord to keep it suitable for multiple tenants. Moreover, the landlord is not allowed to evict tenants to keep their number below specified limits. Therefore, the clause (b) in the agreement requiring the students to carry out repairs – especially external repairs – can be contested by the students, since such repairs are the landlord’s duty under the new provisions of the Housing Act for HMOs. Does the agreement signed by Linford constitute a license or a lease? The question of determining whether an agreement is a license or a lease has traditionally been based upon the conferring of exclusive possession5 of the premises to the occupier, to the exclusion of the landlord and others6, which makes him a tenant under Part II under the Landlord and tenant Act of 1954. In this case however, Linford’s intent appears to be not to give exclusive possession which can be relevant in the context of tenancy rights7 and the question of determining possession is especially significant in the context of shared accommodation.8 In the case of Family Housing Association v James, the general rule existing in favor of a tenancy was reiterated. The question of the lease/license distinction was raised in the recent case of Bruton9 and the Court held that irrespective of the intention of the parties to create only a license, the occupier will have the status of a tenant if the right to exclusive possession is provided for a certain term. When the licensor has limited rights to enter the premises for certain defined purposes, the presumption of a tenancy is enhanced. Linford is permitted to enter the premises once a week to enter the building and empty rubbish and the students have exclusive possession of their individual bedrooms. Hence this agreement could qualify as a tenancy by applying the principles in Bruton. However, Bruton has been criticized10 on the grounds that the defendant was itself a licensee and therefore not in a position to confer exclusive rights to the tenant, but this will not apply in the students’ case because Linford is the owner of the property. Although he has expressly reserved other rooms to be sublet to other parties, nevertheless the exclusive possession of individual rooms for each of the four tenants and limited entry rights support a grant of tenancy. Does Linford’s agreement with the four students confer a shared tenancy? In the case of A.G. Securities v Vaughan/Antoniades v Villiers11 two separate appeals were filed where multiple occupiers were involved. In Vaughan, four occupants signed licenses with the licensor at different times for shared accommodation with common areas to be used by other lodgers. Since these agreements had been created at different times, the court concluded that the only right bestowed was that of using the premises and no tenancy was created. However in the case of Antoinades, where two occupants – a husband and wife – signed separate licenses for personal use of a flat, the Court held that despite the negating of exclusive possession in the agreement, it did confer a joint tenancy with exclusive possession. Therefore, applying these precedents, it may be noted that all the students have signed the license agreement concurrently and enjoy exclusive possession of their individual bedrooms. Therefore, it may be argued that individual tenancy in each bedroom is conferred upon the four students and a shared tenancy of the common areas. Disparities in rent could have undermined the unity of interest required to create a joint tenancy12, however since the students are each paying the same rent and for the same period of time, i.e, one year commencing from Sept 1, 2007, the unity of interest is preserved. On this basis therefore, the students could be advised to sign fresh agreements with Linford on the basis of shared tenancy, since the fact that they are sharing common areas is unlikely to affect statutory protections against eviction, etc that apply under the Rent Act of 1977 and the Housing Act of 2004. Determination of the Lease: Another aspect that supports the validity of a lease in this context is the fact that the certainty of term doctrine can be applied because the maximum period of the lease is specified13 to be one year. The case of Prudential Assurance Co Ltd v London residuary Body14 was significant15 because it exploded the certainty of term by pointing out that in some instances a periodic tenancy may still be valid when uncertainty exists, provided both parties agree on indeterminate time frames. However, the significance of this case in the context of the students’ agreement with Linford is that each party should have the right to terminate the lease. However, it must be noted that in Linford’s agreement, there is no provision for the students to terminate the lease if the landlord does not satisfy his part of the agreement. Therefore it cannot be held to be valid unless each party has the right by notice to quit, while in this case only Linford has the right to do so with two weeks notice. This principle is known as the doctrine of repugnancy which does not allow a total clampdown on one party’s right to issue notice to quit the premises.16 In this case, Whitford J held that a tenancy that was determinable only by the lessee was repugnant to the nature of a tenancy and therefore declared it void. Accordign to Clause (d) of Linford’s agreement with the individual students, the license is determinable only at licensor’s option and therefore the doctrine of repugnancy would apply in this case and this clause would have to be voided, since it is violative of the rights of one of the parties. Moreover, under the new protections afforded to licensees and tenants under the Housing Act of 2004, an occupier is protected from eviction and the students will be entitled to appeal to the Nottingham City Housing Council in the event that Linford attempts to evict them Advice: On the basis of the above, it must be stated that the license agreement signed by Linford is questionable in validity because its signature has not been witnessed. Moreover, its provisions are slated unfairly in favor the Linford and do not adequately protect the right of the students under the Housing Act of 2004 and the Landlord and Tenant Act of 1954. The question of whether this agreement can in fact be termed a license must also be questioned, since it appears to confer a joint shared tenancy for the four students by virtue of the limited entry rights of the licensor that are spelt out in the agreement and the exclusive possession allowed for individual bedrooms. Additionally, this property may have to be duly registered as an HMO and necessary licenses obtained from the local Housing Council, with maximum number of permissible occupants clarified before the students take it over. Hence the students are advised to enter into another agreement with Linford – one that is duly executed according to the formalities requirements, after licensing as an HMO. Moreover, the agreement should be signed on the basis of a shared tenancy rather than a license agreement. Furthermore, repairs will have to be set out as the responsibility of Linford and there must be provision made in the agreement for determination of the lease by either of the parties, with a duly specified notice period as mutually acceptable to the parties. Bibliography Cases: * A.G. Securities v Vaughan/Antoniades v Villiers (1990) 1 AC 417 * Bruton v London and Quadrant Housing Trust (2000) 1 AC 406 * Centaploy Ltd v Matlodge Ltd (1974) Ch 1 * Lace v Chantler (1944) KB 368 * Marchant v Charters [1977] 1 W.L.R. 1181 * Mikeover Ltd v Brady (1989) 3 All ER 618 * Prudential Assurance Co Ltd v London residuary Body (1992) 3 WLR 279 * Street v Muntford (1985) AC 809 * Westminster C.C. v Clarke [1992] 2 A.C. Journal Articles: * Biles, M, 1994. “One thing is certain and the rest is lies” New Law Journal, 156 * Hill, J, 1989. “Shared possession and exclusive licenses” Modern Law review 408 * Pawlowski, M and Greer S, 2000. “Leases, licenses and contractual tenancies.” 9(1), Nottingham Law Journal 85 * “What is a House in Multiple occupation?” [online] available at: http://www.communities.gov.uk/index.asp?id=1164086 Legislation: * Housing Act 2004 – Implementation [online] available at: http://www.communities.gov.uk/pub/316/HousingAct2004ImplementationLettertoStakeholders_id1165316.pdf * Rent Act of 1977 * Section 53(1) of the Land and Property Act of 1925 Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Land Law: Analysis of Agreement Case Study Example | Topics and Well Written Essays - 1500 words - 3, n.d.)
Land Law: Analysis of Agreement Case Study Example | Topics and Well Written Essays - 1500 words - 3. https://studentshare.org/law/1706083-land-law
(Land Law: Analysis of Agreement Case Study Example | Topics and Well Written Essays - 1500 Words - 3)
Land Law: Analysis of Agreement Case Study Example | Topics and Well Written Essays - 1500 Words - 3. https://studentshare.org/law/1706083-land-law.
“Land Law: Analysis of Agreement Case Study Example | Topics and Well Written Essays - 1500 Words - 3”. https://studentshare.org/law/1706083-land-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Land Law: Analysis of Agreement

Business Law - Doctrine of Precedent and Laws of Tort and Contract

Words count: 3234 Table of Contents Table of Contents 2 Part- I: Doctrine of precedent and Laws of Tort and Contract 3 Introduction 3 Judicial Law-Making and independent sources 3 Doctrine of Precedent 5 Negligent Misstatement and negligent misrepresentation 6 Conclusion 8 Part- 2: Case Analysis 9 Introduction 9 Contract and basic elements 9 Vitiating Factor and Misrepresentation 11 Gratuitous promise 12 Summary analysis of the Case Law 12 Conclusion 13 References 14 Part- I: Doctrine of precedent and Laws of Tort and Contract Introductio… n According to the doctrine of precedent, Judges in the court are not expected to make decisions on a whim or feeling, but they have to follow previously decided and established legal cases so as to maintain uniformity in laws....
12 Pages (3000 words) Coursework

Multilateral Treaties vs Customary International Law

Thus, the deep analysis of the present situation is to be performed as follows.... The present paper is the analysis and evaluation of the statement that 'multilateral treaties are more effective vehicles for the international law than the custom'.... In my reviewing the literary sources, when getting prepared for the analysis on the subject, I have come to the conclusion that the twentieth century itself has displayed enormous progress in the international law, and though treaties at present seem to take the leading place in the instruments and sources of the international law, it finally appears that both custom and treaty are effective, they interrelate, and moreover, treaties appear to be the means of creating new customs in international law....
10 Pages (2500 words) Essay

International Agreements

However, it is also becoming a topic for debate in terms of economics and international law where it may take center stage when new agreements are formed between nations as to how they control what they do to hurt.... In the paper “International Agreements” the author discusses the need for international environmental restriction and the constraints that international agreements are subject to....
5 Pages (1250 words) Assignment

The Treatment of Vertical Agreements in EC Competition Law

The weighing of the pro- and anti-competitive effects of an agreement only takes place under Article 81(3) which allows exemption for... In order to evaluate the change in the approach to vertical agreements in EC Competition law which occurred over the last n years, it is necessary to explain of Article 81 EC, the requirements for the exemption under Article 81(3) and under Commission Regulation 2790/99 on vertical restraints and considering old regulations and relevant case law1....
15 Pages (3750 words) Essay

Business Law and Motion to Suppress

analysis: A subpoena duces tecum or subpoena for production of evidence is a court order to the party to appear before the court and produce documents or other tangible evidence for use at a trial.... ?? (JEC, Institute of Public Law) analysis: Its compulsory to take third party insurance in most of the states in US.... analysis: Apart from duty of care arising out of contractual obligations, individuals owe duty of care to strangers as well....
8 Pages (2000 words) Assignment

Essential Labour Law

This paper "Essential Labour law" focuses on the fact that though it originates in England, the English legal system is widely used in many countries across the whole globe.... This essay seeks to distinguish the role of criminal law and civil law in relation to the English legal system.... nbsp;… According to the online HG, “criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime....
12 Pages (3000 words) Essay

A Gentlemen's Agreement

In the paper “A Gentlemen's agreement” the author describes a gentleman's agreement, which is one that should not be administrated by law yet should bind two or more people in an honorable manner.... hellip; The author states that an example of a gentleman's agreement is a private debt that one advances to another party.... he second example of a gentleman's agreement was experienced in Europe during the time of war or just before the war....
7 Pages (1750 words) Assignment

What Factors Explain Why Countries Sign Human Rights Agreements and Violates Them

However, a close analysis of many international treaties reveals that countries easily sign them, but fail to demonstrate the required commitment to respecting such treating.... any states are members in agreement to numerous treaties that they have signed in the past.... hellip; Human rights agreements are a common aspect in the twentieth and twenty-first century to establish binding treaties that will facilitate the implementation of international law on human rights....
9 Pages (2250 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us