Agreement that tried but failed to create a lease
An agreement having the essential elements of a lease, that intended to create a lease valid at common law but which was not under seal can still take effect as an equitable lease (Parker v Taswell).
Leases: certainty of term
A lease is invalid if there is no certainty of term (Say v Smith).
Leases: contractual intention
Where the parties to an arrangement lack contractual intent there is no lease (Chan Yeung Kei v Chan Yeung Fai).
Leases: essential elements
Exclusive possession and a certain term are the essential elements of a lease (Radaich v Smith and Best Sharp Development Ltd v Lucky Shoe Repairing & Key Duplication Centre).
