Leases for Land Law

LEASES FOR LAND LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
ESSAY ............................................................................................................................................1
REFERENCES................................................................................................................................5

INTRODUCTION
Government do not encourage or endorse use of the property guardianship schemes as the
form of the housing tenure, as the guardians could be asked for living in conditions which do not
meet standards expected from residential properties, people have right of making informed
decisions of their own relating to housing choices. Property guardianship agreement usually are
licenses for occupying, that differs from the residential tenancies. The focus of essay is to draw
distinction between licence and lease and to analyse challenges posed by the property
guardianship and whether they have led to further difficulties to determine the difference
between lease and licence with an individual.
ESSAY
Issue
Understanding difference between the licence and lease in the property is essential for
considering the type of arrangement. Both of the terms moreover seems as same but there is
difference between the two in jurisdiction (Ferreri, Dawson, and Vasudevan, 2017). On concept
is formal where other offers flexibility and also alternate solutions for being tied into lease
agreements. It is informal agreement that is purported as beneficial for all the parties involved.
Issue here is to make distinction between lease and licence in property custodianship.
Rules
Lease
It is formal contract between the owner of property and occupier of property that provides
detailing of the specific obligations for each party in arrangement. Lease outlines key terms of
occupation of premises like amount of rent and length of the occupancy, along with
responsibilities for every party for keeping premises in the working order. Lease creates
proprietary in land and is enforceable against the third parties. There is also protection under
Housing Act and could not be terminated without proper notice for quit. Three elements are
required to be satisfied for considering it as lease (Ferreri, Dawson,2018). 1)Landlord and tenant
needs to have mutual intention for entering into legal relationship. 2) Tenant needs to have
exclusive possession of property; and 3) There needs to be fixed term of the occupation with
fixed rent or rent review process.
Licence agreement
1