Termination of Leases

Introduction

This chapter is **not a new syllabus topic**. Its purpose is to **consolidate the whole of the FLK2 Land Law syllabus (Chapters 1–14)** into a set of flow diagrams, exam-ready checklists, worked scenarios, and a **15-question mixed practice set**. Land Law questions on the SQE1 often **cross topic boundaries** — a single problem may involve **registration, overriding interests, co-ownership, easements, and mortgages** at the same time. Mastering the subject means mastering **how the topics fit together**. Use this chapter in the final week before the exam to **revise by issue-spotting** rather than by topic.

Assessment focus

Land Law questions on the SQE1 FLK2 are **single best answer questions (SBAQs)** set in realistic client scenarios that frequently **cut across several topics at once** — registration, overriding interests, co-ownership, easements, covenants and mortgages may all feature in a single problem. You will be expected to **apply** a structured issue-spotting flow — **characterise the interest → determine legal or equitable status and creation → determine whether it binds the third party** — rather than simply recall doctrine. The single most important rule is the **registered-title priority rule**: a third-party interest binds a disponee for value only if it is (a) **registered**, (b) **protected by notice**, or (c) **overriding under Schedule 3 LRA 2002**; anything else is defeated by **s.29 LRA 2002**. This is a **closed-book** assessment: ensure you can recall the priority rules, formality requirements, key cases and the 2024/2025 reforms from memory.

Study tips

1) Memorise the **three-stage flow** (characterise → legal/equitable + creation → priority) and apply it to every problem. 2) Lock in the **s.29 LRA 2002 priority rule**: registered, noted, or overriding under Schedule 3 — otherwise defeated. 3) **Overreaching needs TWO trustees** to receive the capital money (Flegg) — a **sole trustee cannot overreach** (Boland). Always count the trustees. 4) Remember the **Schedule 3 trio**: para 1 short leases (7 years or less), para 2 actual occupation, para 3 legal easements (override unless not known AND not obvious — but 1-year use preserves override). 5) **The burden of a positive freehold covenant does not run at law** (Austerberry); in equity the covenant must be **negative in substance** for Tulk v Moxhay. 6) For the **July 2026 sitting onwards**, the **LFRA 2024** and the **Renters' Rights Act 2025** are examinable — note the abolition of s.21 no-fault evictions and ASTs.