Leasehold problem case. In 2005 Miranda sublet the premises for a term of 7 years to Albert, with Jons consent. In 2008 Miranda assigned the lease to Dave, without obtaining Jons consent. In 2009, unknown to Jon, Albert moved away and his

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Study of land law provides many benefits, as in any other legal subject, from a disciplined approach and logical analysis, and as usual you also need to develop the skill of thinking and arguing conceptually. However, land law is full of categories and sub-categories: a successful answer to any problem question will depend upon accurate, comprehensive and logical analysis of how the facts of the question fit into those categories. Thus, for example, there are two categories of land known as registered title and unregistered title, and the body of rules applying to each is fundamentally different; when answering a problem question you must determine which category is relevant, then apply the corresponding body of rules. Failure to do so can sometimes lead to a totally wrong answer. Again, we will often look at legal rights and equitable rights separately, since law and equity have very different approaches to the enforceability of rights in relation to land. Accurate labelling of rights and situations, with a calm approach, will make the application of the correct line of authorities reasonably straightforward.

Land law is about the relationships which people and the state have with land. Nobody can live without land, and most people have to share it, creating competing rights. England and Wales have a limited supply of land and (at least in towns and cities) a dense population, so disputes about rights over land are likely. People’s relationships to land depend on many factors and have a strong cultural element. Land law thus tells a student much about the society to which it applies. Land can be a financial asset, a home, something spiritual and incapable of individual ownership, or belong to the state or to a ruler, for example. In a market-based society, land must be freely tradable, but there must also be security for those who own it and those who have lesser rights in it, such as a right to walk across it. Many land law problems will involve not just two but three sets of competing interests: those of a buyer of the land, a seller of the land, and a third party who has some lesser interest in the land (e.g. a right to live there for life, or a loan secured against it).

A lease is a grant of exclusive possession of property for a fixed term, in exchange for payment of rent.

Leases grant a legal interest in land, as opposed to an equitable interest and are granted by deed for this purpose.

The person granting the lease is known as the landlord or lessor, and the person entitled to possession known as the tenant or lessee.

A tenant may or may not have power under the lease to grant a lease for the same property, which is known as a sublease, and is made to a sublessee.

In the given land law-problem question, the client is Jon. The case of this client is little bit complicated. It related to the legal lease, non compliance of the agreement terms and related matter on which Jon seeks legal advice.

Statement of facts

As per the given case - Jon was the fee simple owner of premises in Barchester town centre. In 1997 he let the premises to Miranda for 21 years on a legal lease. The agreement contained the following terms:

  • To keep the premises in good repair
  • To use the premises only as a newsagents shop
  • Not to assign or sublet or otherwise part with possession or occupation of the premises without the landlord’s consent
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In 2005 Miranda sublet the premises for a term of 7 years to Albert, with Jon’s consent. In 2008 Miranda assigned the lease to Dave, without obtaining Jon’s consent. In 2009, unknown to Jon, Albert moved away and his brother is using the premises as an unlicensed betting shop. The premises have not been repaired since 1996. Advise Jon.


The issues are: what is the option for Jon on the account of compliance of the agreement terms by Miranda?


On 3 July 2009, the Department for Communities and Local Government published its report on the monitoring ...

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