Leasehold estates

Cards (20)

  • Leasehold estate
    An interest in land that gives the tenant the right to exclusive possession for a fixed or determinable period of time
  • Landlord
    The person who grants a lease to a tenant and retains the reversion in the property
  • Tenant
    The person who is granted a lease by the landlord and has the right to exclusive possession of the property for the duration of the lease
  • Term of the lease
    The period of time for which the lease is granted, which may be fixed or periodic
  • Reversion
    The landlord's interest in the property that remains after the grant of a lease and reverts to the landlord when the lease ends
  • Rent
    The sum of money payable by the tenant to the landlord in exchange for the right to occupy the property
  • Lease agreement
    The contract between the landlord and tenant that sets out the terms and conditions of the lease
  • Covenants
    Promises made by the landlord or tenant in the lease agreement, which may be positive (requiring the party to do something) or negative (prohibiting the party from doing something)
  • Implied covenants

    Covenants that are not expressly stated in the lease agreement but are implied by common law or statute
  • Leasehold covenants
    Covenants that run with the land and bind successors in title to the landlord and tenant
  • Privity of contract
    The principle that only the original parties to a contract (i.e., the landlord and tenant) are bound by its terms
  • Privity of estate
    The principle that a person who acquires an interest in the leased property (e.g., a new landlord or tenant) is bound by the covenants that run with the land
  • Breach of covenant
    A failure by the landlord or tenant to comply with a covenant in the lease agreement
  • Forfeiture
    The landlord's right to terminate the lease and recover possession of the property for breach of covenant by the tenant
  • Waiver of breach
    Where the landlord, by words or conduct, waives their right to forfeit the lease for a particular breach of covenant by the tenant
  • Relief against forfeiture
    The court's equitable jurisdiction to grant relief to a tenant against forfeiture of the lease, subject to conditions such as payment of arrears and costs
  • Statutory protection for residential tenants
    Legislation that provides additional rights and protections for residential tenants, such as the Rent Act 1977, Housing Act 1988, and Protection from Eviction Act 1977
  • Service charges
    Sums payable by the tenant to the landlord for services provided in connection with the property, such as maintenance, repairs, and insurance
  • Assignment
    The transfer of the tenant's interest in the leasehold estate to a third party
  • Subletting
    Where the tenant grants a sublease of part or all of the property to a third party for a term that is shorter than the main lease