SQE1 sample questions

Question 47

A woman occupied a shop under a two year lease. At the end of the term, the lease was renewed for a further two years. The woman continues to occupy under the new lease. The new lease was made by deed and its provisions made no reference to s.62 of the Law of Property Act 1925.

The shop has an external storeroom at the rear, which is owned by the landlord. Although it is not included in either lease, the woman has always used it to store stock. At the beginning of the original lease, the landlord said he was happy for the woman to do this, as long as she kept the storeroom tidy, because he also uses it for storage.

Yesterday, the landlord revealed his plan to demolish the storeroom. The woman wants to prevent this by establishing that she has the right to use the storeroom.

Does the woman have an enforceable easement to use the storeroom?

A. Yes, because the new lease converted her licence to use the storeroom into an easement.

B. Yes, because the storeroom is necessary to her business.

C. No, because the agreement to allow her to keep stock in the storeroom was a mere licence.

D. No, because the agreement to allow her to keep stock in the storeroom was not recorded in writing.

E. No, because she shares the use of the storeroom with the landlord.