4013LAW Lecture Notes - Lecture 7: Specific Performance, Nuisance, London Residuary Body
24 Jul 2018
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Property act 1936 (sa) s 26), expect in cases of equitable leases: to be considered an equitable lease, the parties must have reached an agreement on the essential terms of the lease, being: Two parties identified, a lessor and a lessee; The rent payable (in most circumstances): walsh v lonsdale (cite for equitable leases) Lonsdale leased walsh a mill for a period of seven years. It was agreed that the rent be paid quarterly and if walsh did not pay then lonsdale could request a years rent. Nothing was signed, but both parties went along with what was agreed. Walsh missed a payment; lonsdale requested a year"s rent, walsh refused and lonsdale terminated. Court found that there was an equitable lease and walsh was required to uphold the responsibilities agreed on. Exclusive possession: there muse be exclusive possession for it to be a.
