The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act.
Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with a tenancy rather than a licence. The claimant’s occupation was deemed to be under a tenancy and not a licence, despite assertions to the contrary. Exclusive possession for repeated periods of time created a tenancy.
Lord Hoffmann said that an agreement can give rise to a tenancy even if it does not create ‘an estate or other proprietary interest which may be binding upon third parties
Lord Slynn of Hadley, Lord Jauncey of Tullichettle, Lord Hoffmann, Lord Hope of Craighead, Lord Hobhouse of Wood-borough
Gazette 14-Jul-1999, Times 25-Jun-1999, Gazette 21-Jul-1999,  3 All ER 481,  1 AC 406,  UKHL 26,  2 EGLR 59,  3 WLR 150,  EG 90,  L and TR 469, (1999) 31 HLR 902,  NPC 73,  30 EG 91, (1999) 78 P and CR D21
House of Lords, Bailii
Landlord and Tenant Act 1988
England and Wales
Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – Westminster City Council v Clarke HL 29-Apr-1992
An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a . .
Cited – Family Association v Jones CA 1990
The association as licensee of a local authority granted what was described as a licence to the defendant to occupy premises on a temporary basis. They sought possession.
Held: A tenancy had been granted. As to the argument that there were . .
Cited – Lewisham Borough Council v Roberts CA 1949
The council sought to exercise its powers under the Act to take possession of part of the defendant’s property.
Held: Denning LJ said: ‘It is necessary to consider the nature of the power to requisition land. It is only a power to take . .
Cited – Morton v Woods QBD 1867
The owner of a factory, having already conveyed his legal estate by virtue of a first charge, purported to grant a second mortgage to a bank. As additional security, he ‘attorned tenant’ to the bank. He acknowledged a relationship of landlord and . .
Cited – Minister of Agriculture and Fisheries v Matthews 1950
Under the Act, it would be ultra vires the Crown’s powers to grant a tenancy of property it had requisitioned. . .
Cited – Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
Appeal from – Bruton v London and Quadrant Housing Trust CA 31-Jul-1997
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. . .
Cited – Kay, Gorman, etc v London Borough of Lambeth, London and Quadrant Housing Trust CA 20-Jul-2004
The defendant local authority had licenced houses to a housing trust, which in turn granted sub-licences to the claimants who were applicants for housing under homelessness provisions, and who now asserted that they became secure tenants of the . .
Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
These lists may be incomplete.
Updated: 03 January 2021; Ref: scu.159009