The agreement to let land purported to be a licence. The land-owner granted the use of storage space, but reserved the right to require the licensee to move to other premises as he chose.
Held: The right to change the area of land occupied was inconsistent with a tenancy, since no exclusive possession was surrendered to the tenant. The court contrasted residential and business tenancies: ‘The attributes of residential and business premises are often different’ and ‘the indicia, which may make it more apparent in the case of a residential occupier that he is indeed a tenant may be less applicable or be less likely to have that effect in the case of some business tenancies.’
Judges:
Glidewell LJ
Citations:
[1987] 1 EGLR 45
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 04 August 2022; Ref: scu.216559
