A licensee was in occupation of premises under an agreement which clearly denied the intention to create a tenancy. He refused to leave when requesting asserting that he was a tenant. Mistaking the law the landlord treated the occupier as a tenant and sought possession as such.
Held: The court refused jurisdiction, and the landlord was not to be estopped from returning to his assertion that the occupier was a mere licensee. There was no evidence that the occupier had relied upon any assertion that a tenancy existed to his detriment.
Citations:
Gazette 24-Feb-2000, Times 14-Mar-2000, [2000] EWCA Civ 31
Links:
Jurisdiction:
England and Wales
Landlord and Tenant, Equity
Updated: 31 May 2022; Ref: scu.147064