COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
LANDLORD AND TENANT 2021-2022 -TERM 1
Weeks commencing: Module 2: 4th October 2021
Module 3: 11th October 2021
Unit 1 Modules 2and 3 CREATION OF A LEASE:
CHARACTERISTICS OF A LEASE
OBJECTIVES OF MODULES
 Identify and analyze the essential
characteristics of a lease.
 Understand the distinction between lease
and license.
 Discuss the various ways in which a
lease may be created.
Students must view the narrated Power points uploaded on TWEN
on Characteristics of a Lease - Part1 and 2
REQUIRED READING
 Kodilinye, Commonwealth Caribbean Property Law Ch. 2.
 Sampson Owusu, Commonwealth Caribbean Land Law pages 537569 (library)
 Garner and Firth 3rd ed. A practical Approach to Landlord and
Tenant. (Always use the 1925 position)
 Landlord and Tenant Manual 2020-2021, pages 15- 26
 Halsbury’s and Hill and Redman on Lexis Nexis.
COURSE DIRECTOR- SUSAN CHARLES SYLVESTER © 2021
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COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
LANDLORD AND TENANT 2021-2022 -TERM 1
N.B. you must be careful to ensure that you are using an older
edition as the UK is far ahead of us in terms of Legislation so you
must always look at the date and year of legislation to see if it
applies to our jurisdictions.
MUST READ CASES
 Street v Mountford [1985] AC 809 MUST READ
 Isaacv Hotel de Paris (1959) 2 WIR 105
 Lace v Chantler [1944] 2KB 368
 Spencer v Esso Standard Oil (1959) 1 WIR 407
 Sylvestre v Cyrus (1969) 13 WIR 108
 Shell -Mex and BP Ltd. v Manchester Garages Ltd [1971]3 All E.R.
841
 Romany v Romany 21 WIR 491
 Smith v Sedgehill Overseers (1875) LRQB 422
 Norris v Checkfield [1991] 4 All E.R. 327
 Dougadeen v Ramsamooj (1959) 1 WIR 293
 Bishnauth v Shewprashad [2009] CCJ 8
 Antoniades v Villiers 1990.
PRACTICAL APPLICATION QUESTIONS TO BE PREPARED
PRIOR TO CLASS
1.
2.
3.
4.
5.
6.
What is a lease?
What is a license?
What are the essential characteristics of a lease?
Define exclusive possession
How does a lease differ from a licence?
What is the significance of the decision in Lace v Chantler?
COURSE DIRECTOR- SUSAN CHARLES SYLVESTER © 2021
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COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
LANDLORD AND TENANT 2021-2022 -TERM 1
7. The decision in the landmark case of Street v Mountford laid down
the rule that wherever residential accommodation of premises was
granted, with a right to exclusive possession, at a specified rent, that
a tenancy was created. The decision lists several exceptions to this
general rule. Describe and illustrate using case law the exceptions
referred to in the decision.
8. On 1st January, 2020 Leo and Jack finalized negotiations via email
for the lease of Jack’s house at No. 2 Sour Street, Your Territory to
Larry for 5 years at an annual rent of $50,000. Payable in advance.
Leo’s final email to John reads
“Dear Jack,
1st Jan 2020
Thanks for the offer to rent your house at No.2 Sour Street, sent via
your signed letter dated 11th December 2019. I agree to a period of
five years, as I think it is a good place to raise my family. We will
move in today. I know that I have to do all the repairs as they arise
and I have no problem with that.
I will send the cheque for the rent to you, along with a hardcopy of
this email.”
Leo
Later that day Jack received the hardcopy of the email and a cheque
signed by Leo for $50,000 dated 1st January 2021.
Leo moved in as stated and has lived there happily since that time
but has not kept up with repairs and is in default of his last rent
payment.
COURSE DIRECTOR- SUSAN CHARLES SYLVESTER © 2021
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COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
LANDLORD AND TENANT 2021-2022 -TERM 1
Jack has served Leo with a Notice to quit dated 28 th April 2021 to
quit the premises on or before the 30th of November 2021.
Larry comes to you for advice as he is of the view that he has a lease
for 5 years.
Advise him.
.
9. What is a service occupancy and how does it differ from a service
tenancy?
10.
Delia and Eric enter into an agreement with Francis for
occupation of a house owned by him. They would occupy the
basement. Delia and Eric are asked to sign a document called a
licence agreement, in which they are named the licensees and are
asked to pay a license fee for occupation. Francis says he will need
to go into the basement for his band practice, but offers to serve
breakfast each day. After Delia and Eric sign the agreement, they
later realise that Francis actually practices with his band elsewhere.
Now, Francis has told them they have a week to leave. Francis never
served them breakfast?
Advise Delia and Eric
(Wherever applicable your response must be supported by the
relevant case law and legislation.)
COURSE DIRECTOR- SUSAN CHARLES SYLVESTER © 2021
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