I remember my tutor saying that Leasehold and leases are different. I understand that Leasehold is an estate in land, while a lease is something to do with tenancy agreements.
However, the tutor also went on to say that the definition of a lease can be found in s.205 LPA 1925 - xxvii - but this section makes a definition of 'term of years in absolute', which is actually leasehold.
my point is, is lease and leasehold specifically different? and how would you define a lease in comparison to other?
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- Thread Starter
- 10-03-2018 09:31
- 10-03-2018 14:52
There are some hair-splitting differences but in 99.9999% of cases they are the same thing.
If someone has a Bruton tenancy then they have a lease (at least against their immediate landlord), but I don't think you could accurately describe them as having a leasehold estate in land.
- Thread Starter
- 10-03-2018 15:36
You could accurately matter of fact describe some who has Bruton tenancy having a leasehold. The landlord has a freehold estate, that has been carved, of which a small portion is being possessed by the tenant, thereby having a leasehold.
Correct me if I am wrong, but lease generally has to do with tenancy agreements, in regards as to how, in brief, a tenant possess the estate, for instance, how he pays the rent - periodic or fixed tenant. Leasehold on the other hand simply describes the kind of estate you own, personally.
(Original post by Dennis_44)
- 10-03-2018 18:34
You could accurately matter of fact describe some who has Bruton tenancy having a leasehold. The landlord has a freehold estate, that has been carved, of which a small portion is being possessed by the tenant, thereby having a leasehold..
(Original post by Lord Hoffmann)
First, the term "lease" or "tenancy" describes a relationship between two parties who are designated landlord and tenant. It is not concerned with the question of whether the agreement creates an estate or other proprietary interest which may be binding upon third parties. A lease may, and usually does, create a proprietary interest called a leasehold estate or, technically, a "term of years absolute." This will depend upon whether the landlord had an interest out of which he could grant it
The landlord in Bruton did not have a freehold, they had a licence.Last edited by Forum User; 10-03-2018 at 18:36.