Leases v license

Question 1

Why do landlords try to disguise a lease as a licence

Answer 1

in order to avoid a number of the statutory benefits that a tenant enjoys by attempting to create an agreement which appears to exclude EP and a licence is not capable of binding

Question 2

Which case distinguishes licences and leases

Answer 2

There must be conclusiveness of exlusive possession: Lynes v Snaith - ) with the exception of where ‘there has been something in the circumstances, such as a family arrangement, an act of friendship or generosity, or such like, to negative any intention to create a tenancy’

Question 3

Street v Moutford

Answer 3

Must look beyond the form of the agreement and to the substance by looking at the reality of the agreement and whether the wording and clauses does reflect of if they have been used as a disguise