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A woman is the owner of the registered freehold of a workshop.
She orally agrees to give an artist the exclusive right to occupy the workshop as his studio. They agree that the arrangement will last for 12 months and that the artist will take immediate possession. There will be no upfront payment but a monthly market rent will be payable.
The artist confirms the terms of the arrangement in an email which the woman reads but does not acknowledge.
The artist takes no further action in relation to the arrangement but, before the artist moves into the workshop, the woman tells him that she has changed her mind.
The artist claims the arrangement has created an enforceable agreement allowing him to occupy the workshop as his studio.
What has been created by the arrangement?
A. A legal lease, because the oral agreement is sufficient.
B. An equitable lease, because the email is in writing but not a deed.
C. A licence, because the email is not signed by the parties.
D. A licence, because the artist has not taken up occupation.
E. An equitable lease, because the oral agreement is not capable of registration.
A - A legal lease, because the oral agreement is sufficient.
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