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.
Held: The court found that a licence granted to satisfy a housing duty was a tenancy.
Slade LJ rejected an argument that there existed special circumstances whereby the defendant, albeit in exclusive possession of the premises, was not a tenant.
Judges:
Balcombe LJ, Farquarson LJ, Slade LJ
Citations:
[1990] 1 WLR 779
Jurisdiction:
England and Wales
Cited by:
Cited – National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd CA 18-Oct-2001
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 12 April 2022; Ref: scu.216560
