Moss v Brown: CA 1946

The parties to the disputed arrangements were friends at the time when the letting arrangement was entered into. The putative landlord said there was no intention by the parties to create the relationship of landlord and tenant, the issue being whether the persons in exclusive occupation of residential property were tenants or licensees.
Held: (majority) There was evidence to support the finding of the county court judge that the occupation of the flat in question was under a licence.

Judges:

Asquith LJ, Somervell LJ

Citations:

[1946] 2 All ER 557

Jurisdiction:

England and Wales

Cited by:

CitedVesely v Levy and others CA 27-Apr-2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 March 2022; Ref: scu.251555