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 possession of the premises.
Held: Such a clause was not consistent with a grant of exclusive possession.
Judges:
Sir Andrew Morritt VC, Buxton, Arden LJJ
Citations:
[2001] EWCA Civ 1686, [2001] 28 EG 144, [2002] L and TR 24, [2002] 2 P and CR 18, [2002] 1 P and CR DG19
Links:
Jurisdiction:
England and Wales
Citing:
Cited – 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 – Street v Mountford CA 1985
An occupier who has been granted exclusive possession, may nevertheless be a licensee if, in the agreement: ‘there is mentioned the clear intention of both parties that the rights granted are to be merely those of of a personal right of occupation . .
Cited – Family Housing Association v Jones CA 1990
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 . .
Cited by:
Cited – Cameron Ltd v Rolls-Royce Plc ChD 12-Mar-2007
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 09 November 2022; Ref: scu.201420
