Shared Accomodation Flashcards
What are the four unities as this is needed for joint tenants? (PITT)
Possession- joint tenants possess each part of the land
Interest- wholly entitled to a whole
Title- derive title from the same act (deed/document)
Time- interests vests in joint tenants at the same time.
What happened in Somma v Hazlehurst?
Landlord retained control over who occupied the property. The parties were not jointly and severable liable for the rent. Not one legal entity, not joint tenants and no exclusive possession. Both tenants signed separate identical agreements and entered the property together as a couple.
HELD: Appeal: landlord created a sham transaction, the same agreement that was separate.
What did Lord Templeman say about the facts of Somma v Hazlehurst in Street v Mountford?
The parties wanted to live together and use the property to cohabit as a couple. Separate licenses are a sham. Living arrangements are important but not decisive. Exclusive possession at a rent for a term for the purposes for which the room was taken therefore created a tenancy.
What happened in Ag Securities Ltd v Vaughan?
Case combined with Villers, key feature in both cases is that in both instances the landlords said irrespective of what the agreement suggested that it was a licence.
Facts: 4 bedroom flat had individual agreements, rent paid by each occupier was different and the period of occupation different. When one occupant left they were replaced. HELD: a lease had not been created, differs from Somma v Hazlehurst, no sham transaction. No fourt unities. Agreements independent of each other.
What happened in Antoniades v Villers?
Involved 2 agreements which were interdependent on each other. E.g. both sign or neither signs. Two agreements read together indicated a joint tenancy. The court stated if you read the agreements together then 4 unities were present, agreed to be jointly and severable liable for rent. HELD: lease. The court looks at the relationship between the parties, presumption of being a cohabiting couple = joint tenancy. Identical agreements and signed on the same day. Satisfied four unities even though there was not a single document.
If a grantor retains keys to the premises does this negate the existence of a lease? What case?
No.
Aslan v Murphy- it is not a requirement of a lease that an occupier should have exclusive possession of the keys to a property. What matters is the underlying reason for retaining the keys. If the keys are retained for provision of daily services and not just emergencies then it is a licence.
