Leases and Licences Flashcards
Street v Mountford
Three indica of a lease: (1) exclusive possession, (2) For a term, (3) at a rent. Exclusive possession is the main test.
Antoniades v Villiers
A and V were each granted licences, they had to share with each other but also a third person nominated by the landlord. Found to actually be a lease.
AG Securities v Vaughan
4 rooms in a flat were let to different individuals, wasn’t a lease, there was no exclusive possession by any party even if one was there first.
Bruton v London & Quadrant Investments
Council let property to L&QI under a licence, they then granted rooms to men such as B. Orthodox view - if someone only has a licence, they can only grant a licence. Lord Hoffmann - must only look at what was arranged between immediate parties. B was tenant under lease.
