Exclusive Possession and Leasehold: A Land Law Analysis & Opinion

This essay delves into the complexities of leasehold ownership and the crucial element of exclusive possession within land law. It examines the concept of leasehold ownership as a limited-time property right shared with a landlord, highlighting concerns raised by the Competition and Market Authority regarding checks and balances to protect homeowners from unfair practices. The essay further analyzes the interpretation of exclusive possession by the courts, particularly in distinguishing between lease and license agreements, referencing key cases such as Street v. Mountford and Bruton v. London & Quadrant Housing Trust. It concludes that the court's interpretation of exclusive possession is essential for safeguarding the rights of leaseholders while acknowledging the landlord's reserved rights as defined in the lease agreement. Desklib provides access to this and many other solved assignments for students.

Land Law

Contents
QUESTION 1..............................................................................................................................................3
Leasehold ownership and lack of checks and balances............................................................................3
QUESTION 2..............................................................................................................................................3
What are your opinions about the interpretation of the exclusive possession element by the courts in the
context of analyzing the presence of leasehold........................................................................................3
REFERENCES............................................................................................................................................5

QUESTION 1
Leasehold ownership and lack of checks and balances.
The leasehold ownership can be referred to as the ownership of the property which is for
limited time period, for instance, for 99 years and the control is shared with and also limited by
landlord. There is a legal agreement being made with landlord which is known as lease and the
ownership is returned to the owner after the lease is ended1.
The Competition and Market Authority have raised the concern for the checks and
balances in its Law commission report which is aimed to protect the homeowners from the
practices and terms which are harmful. There has been lack of checks and balances on this
perspective wherein the government has been failure to enact this system within the leasehold
housing market2. This has urged CMA to bring the recommendation regarding checks and
balances so that the rights of the owners are protected and there is no unlawful possession and
ownership being taken by the leaseholders. This lack of system ought to have been operated in
order to draw the attention to the changes in the ground rent and its consequences which do not
avoid the problem arising. The CMA have recommended the concerned authorities such as
Ministry of Housing, community and the local government and any other departments of
governments to bring such policies and legislations which can bring the checks and balances in
the leasehold agreements in order to protect the rights of the concerned parties3.
QUESTION 2
What are your opinions about the interpretation of the exclusive possession element by the courts
in the context of analyzing the presence of leasehold.
A lease is the one of the two estates in the land which is capable enough to being created
or conveyed by the law. There are three elements of lease which are set out in the case of Street
v. Mountford which provides an exclusive possession is the fundamental characteristics of the
1 'Land Use Law & Zoning Digest' (2017) 35 Land Use Law & Zoning Digest.
2 Land Law (Pearson Education 2016).
3 Megarry R and others, The Law Of Real Property (2019).

leas and is the key feature of distinguishing in lease license divide4. The exclusive possession is
an ability of tenant to keep the strangers as well as landlords out unless the landlord exercises
limited rights which is reserved to it by tenancy agreement such as to enter and repair and view..
This term is mainly emphasized by the court when it has distinguished between lease and
contract which is known as license agreement5. Now the orthodox position of the exclusive
possession of the lease was challenged in the case of Bruton v. London & Quadrant Housing
Trust, wherein it was held that creation of the lease do not give rise itself to the right of estate in
the form of the term of years. It is sufficient to define the lease as the agreement for the exclusive
possession at rent6. Hence, it can be said that the interpretation of the court on the exclusive
possession element is sufficient in case of the leasehold as it provides for the exclusive right of
the leaseholder to enjoy its possession for which it is paying the rent to landlord but there is right
of landlord as reserved by the agreement to view and repair the property as and when needed.
4 'Adverse Possession. What Constitutes. Exclusive Possession' (2017) 24 Harvard Law Review.
5 Davys M, Land Law (Macmillan Education UK 2019).
6 'Title, Ownership, And Possession. Possession. Right Of Adverse Possession To Recover Damages For
Permanent Depreciation' (2017) 27 Harvard Law Review.

REFERENCES
Books and Journals
'Adverse Possession. What Constitutes. Exclusive Possession' (2017) 24 Harvard Law Review
Davys M, Land Law (Macmillan Education UK 2019)
Land Law (Pearson Education 2016)
'Land Use Law & Zoning Digest' (2017) 35 Land Use Law & Zoning Digest
Megarry R and others, The Law Of Real Property (2019)
'Title, Ownership, And Possession. Possession. Right Of Adverse Possession To Recover
Damages For Permanent Depreciation' (2017) 27 Harvard Law Review