Lease is a contract between one person, the lessor or landlord, to grant another, the leasee/tenant the right of exclusive possession of a clearly defined plot of land (general principle that we only deal with certain plots of land) for a certain period.
In a Lease, who has proprietary interest in the land?
The landlord and tenant ( A lease is an estate of land that gives this
Difference between lease and license
License only grants personal interest, not proprietary interest, it is a permission from owner to licensee to do something on the property.
Street v Mountford Requirements for a lease
Lease must have
1. Exclusive possession
2. For a fixed or periodic term
3. At a rent (Statute 1925) Ashburn Anstalt v Arnold says rent may not be determinative
The retention of keys by a landlord will not automatically negate exclusive possession.
Aslan v Murphy
Antoniades v Villiers case
A couple entered in separate agreement, was a lease not license, they shared the same bed, one would have not been signed without the other.