In an appropriate case, a court will protect a contractual licence to occupy land by injunction or specific performance, where damages would not be an adequate remedy. A decree could issue where there was a wrongful repudiation of the licence, even before the licensee entered into possession.
Roskill LJ said: ‘Since the fusion of law and equity it is the duty of the court to protect where it is appropriate to do so any interest whether it is in estate or land or a licence by injunction or specific performance as the case may be.’
Lord Denning MR said: ‘Since the Winter Garden case, it is clear that once a man has entered under his contract of licence, he cannot be turned out. An injunction can be obtained against the licensor to prevent his being turned out . . So I hold that the observations in Thompson v Park are no longer good law. I agree with what Megarry J said about them in London Borough of Hounslow v. Twickenham Garden Developments Ltd.’
Judges:
Roskill LJ, Denning MR, Cumming-Bruce LJ
Citations:
[1980] 1 All ER 839
Jurisdiction:
England and Wales
Citing:
Cited – Winter Garden Theatre (London) Ltd v Millennium Productions Ltd HL 1947
The appellant owner had granted licences to the respondent to use the theatre for productions. After the initial six month’s period, the respondent was to have an option for further licences. The contract made no mention of a termination of that . .
Disapproved – Thompson v Park 1944
Goddard LJ rejected a submission regarding recovery of pssession after a forced entry, saying: ‘Having got back into the house, . . with strong hand and with multitude of people, he has established himself in the house, and he then says : ‘I ought . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 01 May 2022; Ref: scu.241596