The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared.
Held: It was not possible to identify any property, whether the flat or a part of the flat, in respect of which both the conditions of essential living facilities and exclusive possession were satisfied. The tenant never had exclusive possession of an entire dwelling, but shared several elements with the rest of the house. The licence agreement made it clear that the right to occupy was a right to be shared with other persons also similarly authorised by the corporation.
Citations:
[1997] EWCA Civ 2775, [1998] 1 EGLR 22
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Westminster City Council v Clarke HL 29-Apr-1992
An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a . .
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 . .
Leave to appeal – Milton Parkins v Mayor and Burgesses of London Borough of Westminster CA 23-Jul-1997
Application for leave to appeal – possession order – whether letting to probationary teacher was an assured tenancy – leave granted. . .
Cited by:
Explained – Uratemp Ventures Limited v Collins HL 11-Oct-2001
Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy?
Held: A single room can be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting . .
Full Appeal – Milton Parkins v Mayor and Burgesses of London Borough of Westminster CA 23-Jul-1997
Application for leave to appeal – possession order – whether letting to probationary teacher was an assured tenancy – leave granted. . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 28 April 2022; Ref: scu.143174