The court considered whether a license agreement was a sham and that a tenancy had been created. Bingham LJ said: ‘Where a written agreement is not held to be a sham, the task of the court, as with any other agreement, is to construe it and give fair effect to its terms in the context of all relevant surrounding circumstances’
Bingham LJ
[1988] 3 WLR 139, (1988) 20 HLR 439, [1988] EWCA Civ 3, [1988] 2 All ER 309, (1988) 56 P and CR 334, [1988] EGCS 33
Bailii
England and Wales
Cited by:
Appeal from – A G Securities v Vaughan; Antoniades v Villiers and Bridger HL 10-Nov-1988
In Antoniades, the two tenants occupied an attic, living together. Each had at the same time signed identical agreements purporting to create licences. The landlord had reserved to himself the right to occupy the property and to allow others to . .
Cited – Aslan v Murphy (No 1 and 2); Duke v Wynne CA 27-Jun-1989
Occupiers claimed that they had secure tenancies. The owner said that they were mere lodgers. In Murphy (1), the landlord said that the occupier must share possession with other occupiers if required. He now said that he had retained a key and that . .
Cited – Uber Bv and Others v Aslam and Others CA 19-Dec-2018
Uber drivers are workers
The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers.
Held: The appeal failed (Underhill LJ dissenting) The . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 20 December 2021; Ref: scu.245289