法律英语词汇“lease”的翻译、意思、用法、释义-法律词典

lease
n. A contract under which an owner of property (the landlord or lessor) grants another person (the tenant or lessee) exclusive possession of the property for an agreed period, usually (but not necessarily) in return for rent and sometimes for a capital sum known as a premium (Street v Mountford [1985] AC 809 (HL)). Unless it satisfies the conditions for a parol lease, a legal lease must be made by a formal document (a deed), which is itself called a lease. In the absence of this, however, there may still be an agreement for a lease or an equitable lease. The lessee must have exclusive possession, i.e. the right to control the property and to exclude everyone else from it (subject to any rights of entry or re-entry reserved to the landlord). If possession is not exclusive, there is no lease but there may be a licence. A lease must be for a definite period that is certain at the date of commencement of the lease (Lace v Chantler [1944] KB 368). See also legal lease.

The deed that creates the lease sets out the terms, which include the parties, the property, the length of the lease, the rent, and other obligations (covenants), particularly concerning repairs, insurance, and parting with possession. Certain covenants are implied in all leases (though the lease may vary or exclude them). In the case of the lessor these are:

1. not to derogate from his grant (i.e. he must not do anything that would make the property unfit for the purpose for which it was let);

2. quiet enjoyment.

1. to pay the rent;

2. to pay all ordinary rates and taxes;

3. not to commit waste; and

4. to use the property in a tenant-like manner, i.e. to do the sort of small maintenance jobs that any reasonable tenant would be expected to do (he is not, however, responsible for fair wear and tear or other disrepair that is not his fault).

The different kinds of lease include tenancy for a fixed term, periodic tenancy, tenancy at will, and tenancy by estoppel. The terms and conditions of leases vary considerably according to the kind of lease and the wishes of the parties. There are many statutory controls that affect leases, particularly in relation to security of tenure and rent. See also assignment; covenant to repair.