NG Bar Prop Law study materials
NG Bar Prop Law study resources

NG Bar Prop Law: Leases, Tenancies and Licences

NG Bar Prop Law · Work through your exam, one topic at a time.

All guide sections

Leases, Tenancies and Licences

What this domain tests

This domain tests the creation and incidents of leases, periodic tenancies, tenancies at will and licences, and the lease/licence distinction.

Core rules

  • A lease grants exclusive possession for a term, usually for rent; a licence is merely personal permission and creates no interest in land.
  • A legal lease for more than three years must generally be created by deed; shorter leases may arise orally or by operation of law.
  • Periodic tenancies renew automatically; a tenancy at will has no fixed term and ends on demand.
  • Covenants may include quiet enjoyment, repair, insurance, user and alienation. Forfeiture requires compliance with statutory notices.

Worked example

Occupier pays weekly rent, has a key, excludes others and stays for years; the owner calls the arrangement a 'licence'. The label does not decide. Exclusive possession plus rent and term point to a lease, so the occupier has a proprietary interest and may be entitled to notice before termination.

Traps

Treating the label 'licence' as conclusive. Confusing a tenancy at will with a periodic tenancy. Forgetting that a lease over three years needs a deed. Ignoring registered interests that bind a purchaser.