A landlord has decided to rent out their property to a tenant. They both enter into a lease agreement that states the lease will start immediately and end when the Russia-Ukraine war is deemed to be over. The tenant has requested her solicitor to review the lease before she moves into the property.
What is the probable legal impact of this lease?
A landlord has decided to rent out their property to a tenant. They both enter into a lease agreement that states the lease will start immediately and end when the Russia-Ukraine war is deemed to be over. The tenant has requested her solicitor to review the lease before she moves into the property.
What is the probable legal impact of this lease?
The lease is void for uncertainty and creates no tenancy.
(E) The lease agreement is considered void due to uncertainty, and hence, no tenancy is created. A lease agreement must clearly indicate the beginning and end of the tenancy period at the time of the agreement. If the term of the tenancy is uncertain, such as when the termination of the lease depends on uncontrollable external factors, like the end of the Russia-Ukraine war, the lease agreement will be void for uncertainty.
(A) is not a valid option as the lease agreement is void of uncertainty and cannot create any tenancy. Although, in certain cases, a court may imply a periodic tenancy when the parties have attempted to enter into a legal lease agreement, the agreement is void for some reason. The tenant must already have moved into the property and started paying rent. However, in this scenario, the tenant has not yet taken possession of the property.
(B) is not a valid option as the lease agreement is void of uncertainty and does not result in a tenancy at will.
(C) is not a valid option as the lease agreement is invalid. A reversionary lease is one where the tenant takes possession at a future date. However, in this case, the lease agreement states that the tenant will take possession immediately, which is not possible.
(D) is not a valid option as the lease agreement is not valid. A periodic tenancy is a tenancy where the parties agree on a specific period, such as a yearly or monthly tenancy.