Two ladies applied to take two-roomed flat with kitchen and bathroom. Each signed an agreement to pay pounds 260 per month to share the use of the flat with one other person. They moved into the flat and enjoyed exclusive occupation. In terms, if the agreement of one lady was terminated, the owner could require the other to share the flat with a stranger. The county court judge decided that the agreements only created licences.
Held: A retrial was ordered to investigate the facts further. However, the two ladies applied for and enjoyed exclusive occupation unless and until one of their agreements was terminated, and they had acquired a tenancy protected by the Rent Acts. The reservation to the owner of the right at common law to require one of the ladies to share the flat with a stranger was a pretence.
Judges:
Purchas LJ
Citations:
[1988] 1 WLR 1006
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 17 May 2022; Ref: scu.259694
