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 sepcial circumstances: ‘The argument which we have heard suggests to me that, whatever their wishes or intentions, it may at least be difficult for bodies charged with responsibilities for the housing of the homeless to enter into any arrangement pursuant to section 65(2) of the Housing Act 1985 under which the person housed is to enjoy exclusive occupation of premises, however temporarily, without conferring on that person security of tenure by virtue of the Act . . The result must be substantially to reduce the choice of methods available to bodies such as the housing association for dealing with their always limited supplies of housing stock. I am not sure that this result will necessarily inure to the benefit of the class of homeless persons in this country viewed as a whole. These are the reasons for the misgivings expressed at the start of this judgment.’
Judges:
Slade LJ
Citations:
[1990] 1 WLR 779
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – 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 by:
Cited – Bruton v London and Quadrant Housing Trust HL 24-Jun-1999
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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 23 March 2022; Ref: scu.199978