Land Law terms and conditional Essay Example | Topics and Well Written Essays - 1500 words

Land Law terms and conditional - Essay Example The most common problems resulting from tenancy agreements border on landlord ignorance of tenant rights or problems of transfer as the one detailed in this case. This is a situation where a current owner sells the property to another, the major question being whether current tenants are bound by agreements made under the previous owner. Most times, the two forms of tenancy are referred to as either assured or shorthold tenancy. However, there are other forms of tenancy that result, not because they are assured or recognized by the law but because they fail to meet the provisions stated for these two forms of tenancy. A license to occupy A license to occupy is appropriate only for temporary arrangement; it is less detailed in comparison to a full lease. For this reason, it cannot be used in place of a full lease, or where the occupant is going to occupy property for a lengthy period of time. License to occupy is adaptable to diverse situations, and is frequently used when a tenant is only interested to occupy property momentarily or when the procedures of a lease are being concluded. Individuals wishing to occupy property for a temporary time can avoid such long term commitments by drafting a license to occupy, in which case rent is to be paid in the next week or month. If such obligations are not met, the License will come to an end. Under a License to occupy the Landlord has exclusive rights to property access at any time. Lease Agreement Unlike a license to occupy, a Commercial Lease Agreement is appropriate for letting property for a period not less than six moths and not beyond three years. The longer the lease period, the more detailed the lease agreement becomes. An agreement which is anything beyond three years requires a well detailed agreement which should be prepared and reviewed by a qualified solicitor. One major difference between leases and other forms of tenancy is that lease agreements accords exclusive rights of occupancy to the lease holder. The implication of this is that the landlord cannot access the property unless under any identified circumstances specified in the agreement. Exclusive rights to property also mean that the tenant reserves the right of the owner for the period of the lease, this means he can sub let, through a Sublease Agreement. Leasing is not common for residential property but is mostly embraced for commercial reasons. Lease forms a contractual obligation binding the property owner the lessee, however, it also creates an interest in property. For this reason, it must be issued for a definite period of time, but can extend beyond this period. In such a case, it becomes a Tenancy at Will which can be terminated through an adequate notice. Adequate time for the notice might be detailed in the lease agreement, however, if such is not included the notice period will equate to the frequency of payment of rent as indicated in the agreement. The main difference between a lease agreement and a License is that a lease conveys interest in land, something which a license does not. This was well indicated in a 1673 case, Thomas v Sorrell: In this case, it was passed that a license passes no interest, and does not alter or transfer property; all it does is make an act lawful which without the license had been unlawful. A similar, position was taken by Justice Macdonald in Baker v Gee, the Justice held; that according to the provisions of