Lease (law)

“ Whatever the actual rule of English law may be, however, there is nothing in legal theory to justify us in asserting that any such difference of duration is essential to the existence of a true lease. A lease exists whenever the rightful possession of a thing is separated from the ownership of it; and although this separation is usually temporary, there is no difficulty in supposing it permanent. I may own a permanent right 400to exercise another right, without owning the latter right itself. ”

“ An ordinary boarder, who has a room and boards in the house of another and who retains the possession and care of his room, is not a tenant. On the other hand the letting of an entire floor for lodgings may create a tenancy, and so may even a single room. A lease for an unlawful purpose is void, for example, for the sale of spirituous liquors contrary to law.
If the premises are occupied by the lessee and his rent is paid as specified in the lease, this is regarded as a ratification by him of an invalid or void lease. ”

“ It is important for lessee, and lessor, also, that the latter does not exceed his powers. A lease granted by a tenant for life before he is properly in possession, is void in law; for, although a court of equity, according to Lord St. Leonards, will, "by force of its own jurisdiction, support a bonâ fide lease, granted under a power which is merely erroneous in form or ceremonies," and the 12 & 13 Vict. ”

“ To any one who has not got saddled with the vampire notion that ninety-nine years' leases are part of the original scheme of Creation, it is at once a monstrous absurdity and intolerable injustice that, when a man builds a house on another man's land, for the use of which he pays a yearly ground-rent representing at the date of the lease not merely the full annual value of the land on which the house is built, but double, sometimes treble [9] its annual value, the person to whom the ground-rent is paid should step in and take away the house from the children of the builder. ”

“ This rule extends to every person who enters under lessees with knowledge of the terms of the lease, whether by operation of law or by purchase and assignment. The lessees in this case, and those deriving their interest under them, could, therefore, claim nothing against the plaintiff by virtue either of their possession, for it was in law his possession, or of their improvements, for they were in law his improvements, and entitled him to all the benefits they conferred, whether by pre-emption or otherwise. ”

“ And now by the Real Property Act 1845, leases required by law to be in writing are void at law unless made by deed. An instrument, void as a lease under the act, may, however, be valid as an agreement to take a lease; and since the Judicature Act 1873, under which equitable doctrines prevail in the High Court, a person holding under an agreement for a lease, of which specific performance would be granted, is treated in all branches of that court as if such a lease were already executed. Unless otherwise agreed, a lease is always prepared by a lessor’s solicitor at the expense of the lessee ”

“ When a lessee is evicted or turned out of possession by his landlord, he is excused from paying rent. What, therefore, is an eviction? Any act by the landlord, or by his agent, impairing the worth of the premises to the tenant, for example, the destruction of a summer house, turning rooting pigs into the premises, the erection of a new building rendering the leased premises unfit for occupation. One of the curious cases is the lease of a distillery which could not be run because the landlord prevented the lessee from getting a license. ”

“ This contract purports to be a license for smelting lead ore; and it is objected that this is not a lease within the meaning of the act of Congress. But this objection is not well founded. It is a contract for one year, and of course, within the time limited by the law, which gives to the President authority to lease for five years. Is it, then, a lease? The legal understanding of a lease for years is, a contract for the possession and profits of land for a determinate period, with the recompense of rent. The contract in question is strictly within this definition. ”

“ A person of unsound mind can grant or take a lease if he is capable of contracting. Leases may be made on behalf of lunatics subject to the jurisdiction in lunacy under the provisions of the Lunacy Act 1890 and the Settled Land Act 1882. A married woman can lease her “separate property” apart from or under the Married Women’s Property Acts, as if she were a single woman (feme sole) . As regards other property, the concurrence of her husband is generally necessary. An alien was, at common law, incapable of being either a lessor or a lessee. ”

“ The English doctrine that a verbal lease may be specifically enforced if there has been part performance by the person seeking the remedy has been fully adopted in nearly all the American states. The law as to the rights and obligations of assignees and sub-lessees and as to surrender is the same as in England. Forfeiture only renders a lease void as regards the lessee; it may be waived by the lessor, and acceptance by the landlord of rent due after forfeiture, with notice of such forfeiture, amounts to waiver. Where there is a lease for a certain period, no notice to quit is necessary. ”

“ Article 15, Paragraph 3 (A) (56) of 2000 is amended to provide that leases in
existence for 12 or more years shall not be terminated, at the instance of the
landlord, in the absence of other reasons authorized by law, before 16 October
2004. ”

“ It is familiar law, that, when a lease has become forfeited, any act of the landlord indicating a recognition of its continuance, such as distraining for rent, or accepting rent which accrued after the forfeiture, is deemed a waiver of the condition. ”

“ The method here prescribed is not governed by any rule or principle written into or derivable from the lease or recognized in law as governing in such cases as this. Without transgressing the covenant, he may make, terminate, and renew leases covering the premises without regard to rental value. He is free to fix or control the amount of lessee's liability, at least to the extent of the difference between free use and reasonable rental value of the premises. ”

“ Such a lease is a mere chattel interest, being reckoned as part of the personal estate of the lessee, and in case of the death of the lessee goes to his executors, and not to the heirs-at-law, as appears by all the authorities. ”

“ A thorough reform of the law of landlord and tenant has no chance of passing the House of Lords. To a person acquainted with other parts of England it seems incomprehensible that the people of London should submit to the tyrannous absurdity of being compelled to build houses upon land which, by the terms of the lease, is, at the end of ninety-nine years, to be given up, with everything on it, to the landowner, while during the ninety-nine years they are to pay a yearly rent, called a ground-rent, for the land. ”

“ So, also, unless the firm owned the lease, it would have no interest to subordinate the mortgage to the lease, and in the event the right of legal subrogation was exercised and the mortgage, by operation of law, passed to a third person, such person, unless the partnership owned the lease, would hold the mortgage as paramount to the lease, and therefore have the power to destroy it. ”

“ If the farmer has rightful possession of the use of the land, then the payment of his rent in produce does not affect his relation as a tenant. The natural increase of stock leased with a farm belongs to the tenant, and a landlord cannot recover for the death of cattle in the tenant's possession, unless he can prove his tenant's negligence. And if a lessee should sell part of the stock contrary to the lease, the purchaser would be liable therefor. ”

“ When a lease is about to expire a difficult question sometimes arises, what can the tenant take away with him? Of course he can remove all his furniture and the things that can be separated without injury to the premises, but during his tenancy, he may have added things possessing a more permanent nature, called fixtures, these he cannot remove. ”

“ A memorandum expressing the consent of the owner that another shall have immediate possession of the premises, and shall continue to occupy them at a specified rent and for a definite term, is a sufficient lease; in general, any agreement under which one person obtains the right of enjoyment to property of another, with his consent and in subordination. ”

“ It is not a liberty that I have, but a power. That a landlord has a right of re-entry on his tenant does not mean that in re-entering he does the tenant no wrong, but that by so doing he effectively terminates the lease. [182]
A power may be defined as ability conferred upon a person by the law to determine, by his own will directed to that end, the rights, duties, liabilities, or other legal relations, either of himself or of other persons. Powers are either public or private. The former are those which are vested in a person as an agent or instrument of the functions of the state ”

“ The remedy of eviction under Article 17, Paragraph 1 of the Law of Estate Lease, as
amended by Article 10 of Law No. (56) of 2000, allowing landlords to evict tenants
who fail to pay rent when due, is suspended for failures to pay the rent due for any
period during the months of April to December 2003 inclusive.
2) Tenants remain obligated to pay rent as it becomes due. Tenants who fail to pay rent
when due violate their contractual obligations. ”

“ But for the clause stipulating that a transfer by the tenant to the landlord of the demised premises and other things mentioned should terminate the tenant's liability under the lease, the petitioner would have had a provable claim. [2] The surrender of the premises by the trustee, the acceptance thereof, and the assignment of the lease to a new tenant nominated by the petitioner, whatever may have been their effect under state law, would not bar any claim which she had by force of section 77B for injury due to the trustee's rejection of the lease. ”

“ The periodical leases, renewable after fifteen years, seem to be considered by most as of little value; they afford no security for fixed property in the soil, as a grant on one of these leases is liable to be resumed by government, ‘with all buildings thereon,’ should the leaseholder or his heirs not choose to comply with the terms of the new lease. ”

“ Is it essential that a lease should be of less duration than the right which is subject to it? This is almost invariably the case; land is leased for a term of years or for life, but not in perpetuity; the owner of a thing owns it for ever, but the lessee of it possesses it for a time. We may be tempted, therefore, to regard this difference of duration as essential, and to define a lease as a right to the temporary exercise of a right vested in some one else. ”

“ As it cannot be questioned that a contract leasing land is one touching the land, it is indisputable that the lease was void under the Act of 1887 unless its validity may be excepted by some other statutory provision. ”

“ So a mortgage is a dominant right with respect to the property subject to it, and an accessory right with respect to the debt secured by it. In like manner a landlord’s right to his rent is dominant with regard to the lease, but accessory with regard to the reversion. This double character, however, is not necessary or universal. A public right of way is an encumbrance of the land subject to it, but it is not accessory to any other land. So a lease is a dominant right which is not at the same time accessory to any principal. ”

“ If he elect to adopt a lease, the receiver becomes vested with the title to the leasehold interest, and a privity of estate is thereby created between the lessor and the receiver, by which the latter beocmes liable upon the covenant to pay rent. ”

“ The good will of a lease which the landlord is in the habit of renewing is property, and rights growing out of it, whether by contract or otherwise, will be protected and enforced by a court of equity. ”

“ By the leasehold system, the landlord is not content with taking the houses that he did not build ; he also takes the goodwill of the trade attached to the house, and, on renewing a lease, extorts a heavy payment for allowing the tenant to continue to enjoy his own business which he has brought to the house. It is all cant to talk about freedom of contract where a tenant would be ruined if he did not submit to his landlord's terms. ”

“ The lessee's interest in the fixtures arises out of the agreement contained in the lease, and of the manner and purpose of their annexation to the land, from which they could not be separated and removed without much labor and expense. It was not necessary that the officer should retain actual possession in order to keep alive a levy upon such property. ”

“ A simple process of arithmetic will show that if a man of statutable age grants building leases for the usual term, the reversion of the buildings cannot be, within an ordinary lifetime, of appreciable worth. It is moreover evident that a clear title, with no covenants and no superior control, must be more valuable than a lease containing cumbrous stipulations, with the possibility of legal complications, unanticipated loss or even forfeiture. The depreciated worth of leasehold property compared with freehold is the measure of this difference ”