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Paper 1 · Lesson 3 — Interests in Land, Mortgages and Caveats — priorities

Leases and reversions

The leasehold interest and the landlord's reversion as interests in land.

2 questionsAnswers & explanations includedFree — no sign-up

Question 1

An owner grants a lease of his warehouse to a logistics company for a term of thirty years, the tenant having fitted out the building at its own expense. Fourteen years into the term the owner decides to realise his investment and sells the property to a buyer who is looking for an income stream. The buyer takes with the tenant in occupation, inspects the lease before committing, and signs nothing at all with the tenant. Two months after completion the tenant asks the buyer whether it should now be paying its rent to him.

Consider the following statements.

  1. (i) The lease ends on the sale, the tenant's agreement having been with the former owner.
  2. (ii) The buyer takes subject to the lease.
  3. (iii) The buyer may enforce the lease against the tenant.
  4. (iv) What the seller sold was the reversion.
  1. A. (ii) and (iii)
  2. B. (i) and (iv)
  3. C. (ii), (iii) and (iv)
  4. D. (i), (ii), (iii) and (iv)
Show the answer and full explanation

Answer: C

The rule. What a landlord sells during a lease is the reversion. The buyer takes subject to the lease and may enforce it.

Why C is correct. (ii), (iii) and (iv) hold. (i) is false.

The other options.

  • B and D carry the false (i).
  • A drops the correct (iv).

Exam note. The lease survives the sale. That is the whole point of buying a tenanted property.

What a landlord sells during a lease is the reversion →

Question 2

What did Mr Ganesh hold in respect of the ground floor during the currency of the bakery's lease, and what has he now agreed to sell?

Which statement is correct?

  1. A. He held the reversion, and it is the reversion that passes to Mr Pillai on completion.
  2. B. He held nothing during the lease, and only the upper floors pass to Mr Pillai on sale.
  3. C. He held a remainder, being the interest of a person entitled after a carve-out ends.
  4. D. He held the reversion, which ends on the sale and revives in Mr Pillai on expiry.
Show the answer and full explanation

Answer: A

The rule. A landlord holds the reversion during a lease, and it is the reversion he sells.

Why A is correct. Reversion held, reversion sold.

The other options.

  • B says he held nothing in respect of the ground floor
  • C calls it a remainder
  • D has the reversion ending and reviving.

Exam note. Mr Pillai is buying a tenanted building. What he acquires in respect of the ground floor is the right to receive rent and to recover possession in nine years.

A landlord holds the reversion during a lease →

Practise it under exam conditions

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