The landlord complained that the tenant was in breach of his covenant not to part with possession of any part of the premises where the tenant had so organised things that he had effectively excluded himself from part of the demised premises.
Held: The licence to erect an advertisement on the wall of the premises did not constitute parting with possession of the wall. A lessee who grants a licence to another to use the demised premises does not commit a breach of the covenant: ‘Unless his agreement with his licensee wholly ousts him from the legal possession . . nothing short of a complete exclusion of the grantor or licensor from the legal possession for all purposes amounts to a parting with possession.’
Farwell J
[1931] 1 Ch 470
England and Wales
Cited by:
Cited – Roberts v Swangrove Estates Ltd and Another ChD 14-Mar-2007
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
Cited – Clarence House Ltd v National Westminster Bank Plc CA 8-Dec-2009
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 December 2021; Ref: scu.267399
