Essay Plan For Leases And Licences

Question 1

Layout

Answer 1

Lease
Or
Licence

• go through the requirements for a lease, and if it is missing then it will be a licence

Question 2

Requirements for a lease

Answer 2

1. Exclusive possession
   “Street v Mountford”
2. Definite term
3. Payment of rent
   - not essential requirement
   - of rent is not being paid, it’s more than likely to be a licence

Question 3

Exclusive possession

Answer 3

“AG Securities v Vaughan”

“Antoniades v Villiers”

Question 4

AG Securities v Vaughan

Answer 4

• lack of exclusive possession
• 4 bedrooms, 4 occupiers, different dates & different rents
• 4 Documents were held as licenses

Question 5

Antoniades v Villiers

Answer 5

• exclusive possession
• 1 bedroom, 2 people
• identical agreements signed on same date
• people were a couple
• clauses to exclude exclusive possession were held to be a sham