The Leasehold The Essentials


The essentials of a lease are: (i) Exclusive possession. The grantee must be given exclusive possession of the premises. It is for this reason that a mere lodging agreement is not a lease the control maintained by the householder is such that a lodger does not obtain exclusive possession of the room which he occupies, and he is a mere licensee.' On the other hand the fact that a grantee is given exclusive possession of the premises is not conclusive that the transaction is a lease, although it is strong evidence to that effect the grantee will be a licensee, and not a lessee, if the circumstances negative any intention to create the relationship of landlord and tenant, e.g. if a father gives exclusive possession to his son and the son's wife of a house which the father has purchased for them with the aid of a building society loan, tell�ing them that the house will be theirs if they pay off the loan.' (ii) Definite tenn. The commencement date and the duration of the term must be fixed or determinable. The duration of a periodical tenancy, such as a weekly or yearly tenancy, is regarded as determinable by reason of the fact that the term can be brought to an end by the giving by one party to the other of the requisite notice to quit.

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