COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
LANDLORD AND TENANT 2021-2022-TERM 1
Week commencing: 18th October 2021
Unit 1 Module 4. CREATION OF A LEASE PART 2:
TYPES OF TENANCIES
OBJECTIVES OF MODULE
 To define the various types of leases
 To be able to explain how these leases
are determined.
Students must view the narrated Power point uploaded on TWEN on
Characteristics of a Lease.
REQUIRED READING.
 Kodilinye, Commonwealth Caribbean Property Law Ch. 2.
 Sampson Owusu, Commonwealth Caribbean Land Law pages 525-532
(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 26- 27. Please note the
Legislation for the various jurisdictions.
COURSE DIRECTOR- SUSAN CHARLES SYLVESTER © 2021
1
COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
LANDLORD AND TENANT 2021-2022-TERM 1
MUST READ CASES
 Seetahal v Batchasingh (1987) High Court Trinidad and Tobago 89 of
1989.
 Adler v Blackman [1953] 1 QB 146.
TYPES OF LEASES
1. Weekly Monthly and Yearly Tenancies.
2. Fixed Term.
3. Tenancy at will
4. Tenancy at sufferance
5. Tenancy by estoppel
6. Statutory tenancy.
PRACTICAL APPLICATION QUESTIONS TO BE PREPARED PRIOR TO
CLASS
1. (characteristics of a lease)
a) John Denver has just purchased a building on Gordon Street, St. Augustine, Your
Territory. He wishes to use the building as an investment. He intends to rent it
out.
He has three persons interested in occupying it
i.
Tina, his cousin who has just been put out of her family home with her
three children and who have nowhere to go.
ii.
James who is interested in purchasing the building from John
iii. Ronnie who takes care of the maintenance of the building.
Advise John as to the practical considerations he must take into account if he
wishes to rent to any of these people.
b) John has also approached Unipet to take over the operations of the franchise on
the main road. They have offered him exclusive occupation of the premises which
they have outfitted, once he sells only their products. He will have to pay a
monthly rent of $7000.00.
COURSE DIRECTOR- SUSAN CHARLES SYLVESTER © 2021
2
COUNCIL OF LEGAL EDUCATION
HUGH WOODING LAW SCHOOL
LANDLORD AND TENANT 2021-2022-TERM 1
What must he consider in deciding what his interest will be in those
premises.
2. Suresh leased an apartment from Upscale Apartments Limited. The lease
commenced on the 1st October, 2019 and is scheduled to end on 30 September,
2020. Suresh does not want to leave the apartment and decides to pay another
month's rent which the landlord accepts. Suresh comes to you for advice, as to
what type of tenancy he has. Advise Suresh.
3. Josiah has leased to Sarah for a fixed period of two years. He has however
received an offer to lease the property by a Blessings Circle Ltd for $2000.00
more than Sarah is paying currently. The lease with Sarah is expected to end on
December 1st, 2020 but Josiah wants to end the lease as soon as possible. Is it
possible for Josiah to end the lease before December 1st 2020?
4. Is a tenant at will required by law to give notice?
5. Explain the difference between a tenancy at will and a licence.
6. David and Sunita have entered into a lease with Raphael to lease the downstairs
portion of his building for their Blessings Circle business. They have agreed to
lease the premises for two years from April 1 paying rent in quarterly instalments.
The Blessings Circle business has not been doing as well as they hoped and so
they plan to close the business. How much notice are they required to give to
Raphael and what is the earliest date they can bring the tenancy to an end.
(Wherever applicable your response must be supported by the
relevant case law and legislation.)
COURSE DIRECTOR- SUSAN CHARLES SYLVESTER © 2021
3