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 and not those of a tenant.’ and ‘It seems to me that, if the defendant is to displace the express statement of intention embodied in the declaration, she must show that the declaration was either a deliberate sham or at least an inaccurate statement of what was the true substance of the real transaction agreed between the parties; …”
Judges:
Slade LJ
Citations:
[1985] 4 P and CR
Jurisdiction:
England and Wales
Cited by:
Appeal from – 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 – National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd CA 18-Oct-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 May 2022; Ref: scu.197764