1 TUTE 8 - FIRST TUTE ABOUT LEASES Q1 involves an arrangement where Events can come into Agistment's leased property and run events there from time to time ... is this in breach of the requirement "not to sublet the premises" that adjustment has with Pastrol ASKING YOU IS THE AGREEMENT B/W EVENTS AND ADJISTMENT A LEASE OR A LICENCE? Reidick v Smith > whether or not something is called a lease or licence is not determinative > The fact this agreement is a licence does not determine the situation > Look at the interests that are created by the agreement and see whether it amounts to exclusive possession or not > is Adjistment providing Events with exclusive possession? > A number of indicia which makes you think it might be a licence o Only able to occupy land for max of 1 week every month o Fact that they are only able to use the land for purposes connected with the event > it is not like they have given them the ability to use it whenever o Limited right held by Events , more personal contract/not an interest in land that would be a lease > Things that seem like a lease o Events are able to fence off an area and charge an entry fee o Can control who comes in and out so they are given exclusive possession o Clause 4 says that events must deliver up the land in good condition > "deliver up" sounds like they have control before delivering it up and also implies they are giving up possession so more like a lease o Liability is given to Events for things that happen during the period which indicate control and therefore indicate a lease arrangement Must include analysis of R v S and L v B HOW WOULD YOU DEFRADT THE AGREEMENT BETWEEN AGISTMENT AND EVENTS RR TO AVOID A BREACH OF A SUB-LEASE? Would need it to make this agreement NOT PROVIDE exclusive possession to Events >> LL of this arrangement (Adjistment) they could be given the right to access the property whenever they want, for whatever reason they want SO THAT WOULD STOP giving exclusive possession to Events >> This clause wouldn't be able to say something like "LL can come onto this property during these areas or for the purpose of checking the property because that is not inconsistent with exclusive possession and it is a limited right of access so a court might still find that Events had exclusive possession so therefore cannot limit "for whatever reason and for whatever period" for that to effectively stop this from being interpreted as a lease 1
2 Q2 : deals with THREE DIFFERENT LEASE AGREEMENTS AND HAVE TO WORK OUT THE LEGAL STATUS OF EACH OF THEM AND WORK OUT THE STEPS NEEDED FOR EACH TO BE A LEGAL LEASE TRANSFERABLE TO ANY POTENTIAL BUYER Lease 1: E-traders Pty Ltd signed a "Letter of Intent to Lease" to occupy a