71. Limitations on the enforcement of agreements for leases.

As a result of the equitable doctrine that an agreement for a lease may be enforced as though a valid lease had been granted1, questions whether an instrument is a lease or an agreement for a lease may not often arise2. The equitable doctrine does not, however, apply where:

  1.  

    (1)     the question arises in a court which has no jurisdiction to order specific performance (for example, in the County Court in the case of a contract which by reason of the value of the property is not within the equitable jurisdiction of the County Court)3;

  2.  

    (2)     the circumstances are