LANDLORD AND TENANT LAW

 

 

 

 

 

 

 

 

Landlord and tenant law

 

 

 

 

 

 

Landlord and tenant law

Introduction

Referring to the scenario Sam should know that the 5 flats were conceded with the parties that the agreement in question granted exclusive possession so that the sole question for the appellate courts to consider whether the sum of the terms of the agreement to check that in substance it had the 'badges' of a tenancy or a licence or that exclusive possession was the decision 'badge' and if that were present a tenancy would be found to exist.

Flat 1

For the case of Lisa and Tim who occupy Flat 1 we can apply Street v Moutford [1985] AC 809 The Court of Appeal in Street said that everything in the agreement pointed to a licence barring exclusive possession so the occupier was a licencheck. Lord Templeman in the House of Lords said that the fundamental distinction between a lease granting an interest in land and a licence granting only a permission to occupy. In future, Lord Templeman said, there will be a presumption of a tenancy wherever exclusive occupation is granted and wherever there is nothing to show, for example, that the parties did not intend to enter legal relations.

Flat 2

Referring to Sam allows his girlfriend's son, George, to occupy Flat 2. George doesn't pay any rent and is living in the flat because Sam's girlfriend is concerned that he will otherwise live in a squat. Lord Templeman's judgment in Street v Mountford laid down the three essential aspects that must be present if a tenancy is to exist. First, there must be exclusive possession. In residential property this means that the landlord does not provide either attendance or services. Secondly, there must be consideration in the form of a premium or periodical payments. Thirdly, there must be a grant of the land for a fixed or periodic term. There may be an express grant or one may be inferred because the owner of the land accepts periodical payments from the occupier. If such three features are present there will be a tenancy.

Therefore the following from this case we can check that in case of George this should be addressed when considering that or not an arrangement creates a lease or a licence. The first of such is obviously to consider that or not the “tenant” has exclusive possession.

Lord Templeman assured that it is clear that even where they are present, in exceptional circumstances, there may still be a licence rather than a tenancy. He gave as an example of such exceptional incidents, an arrangement where there is no intention to show legal relations. Such may be so where there is a family arrangement or an act of friendship or charity .

Thirdly, Lord Templeman's speech suggests that the incidents giving rise to the occupier's possession should be considered. Lord Templeman suggested in his speech a wide range of situations in this an occupier could have exclusive possession that however not be a ...