Word licence was used - sham to disguise tenancy so wasn't valid. Found inside – Page 313But could the Street v Mountford analysis (that exclusive possession for a term is conclusive of a lease) operate within the tenancy by estoppel context? Millett LJ held not: 'the two doctrines cannot be combined in the way contended ... Found inside – Page 148THE NATURE OF A LEASE Bruton v London & Quadrant Housing Trust(2000) A lease can exist in law even where the landlord has no legal title to the land Street v Mountford(1985) A lease has these features: exclusive possession; ... 13 relations: Coercion, Concurrent estate, Consent, English land law, English property law, Hoax, Hornsey Lane, House of Lords, Judicial functions of the House of Lords, Lease, Rent Act 1977, Street v Mountford, Upper Norwood. occupier is granted exclusive possession. Found inside – Page 195He then used the phrase 'exclusive occupation' throughout the rest of his speech in apparently the same sense in which he had spoken of 'exclusive possession' in Street v Mountford. Although other members of the House of Lords in AG ... Found inside – Page 372The crucial question to ask was whether the agreement conferred 'exclusive possession'. The House of Lords reaffirmed Street v Mountford in Bruton v London and Quadrant Housing Trust [2000] 1 AC 406. Bruton had rented a flat from the ... Abstract. Found inside – Page 137Somma v. Hazelhurst [1978] 1 WLR 1014 The Court found that there was only a licence agreement. Exclusive possession had not been conferred on the occupiers. When Street v. Mountford was decided a number of years later, ... a licence properly passeth no interest not alters or transfers property in any thing but only makes an action lawful, which without it would have been unlawful. Street v Mountford [1985] AC 809. e.g. a lease), or only a licence. The distinctions to be drawn between . Held: The court held that the man had a licence at the time to be in the cinema so got compensation, FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. Author: Natalie Wong The Lease-Licence Divide. - The other re quirement whi ch was Ex clusive P ossession is explaine d by Lord T empleman within Str eet v Mountf ord - ' The tenant poss essing ex clusive possession is a ble to ex er cise the rights of an owner of the An occupier of residential accommodation at a rent for a term is either a lodger or a tenant". No children or pets were allowed. Lace v Cantler. The agreement described itself as a licence. See all articles by Michael L. Lower Michael L. Lower. Aslan v Murphy "If services are to be provided by L, these must be intended to be acted upon" Found inside – Page 152Although Lord Templeman said in Street v Mountford that exclusive possession of premises for a term at a rent would prima facie create a lease, he did recognise that some arrangements were not intended to create legal relations. It set out principles to determine whether someone who occupied a property had a tenancy (i.e. In this case, the agreement states that In this situation, it is important to determine whether both Ricky and Jess have equal rights and Rules In the case of Street v Mountford [1985]1 Lord Templeman ruled that in a situation where a person is granted exclusive possession of a premises for a term at a certain rent, then prima facie a lease is granted. Found inside – Page 31Fitting it all Together Where does this review of the case law leave Street v Mountford? ... and to emphasise the importance of exclusive possession and the fact that classification is a matter for the law, not the parties. Found inside – Page 387Exclusive possession It is well-known that the key factor in determining whether an arrangement is a tenancy or licence is whether the occupier has been granted exclusive possession of the property (Street v Mountford [1985] 2 All ER ... Persons Right in Relation to Land. A right of an exclusive possession is secure by the right of a lessee to maintain ejectment' This view echoes and preserves the view stipulated in Street v Mountford where Lord Templeman establishes the concept of exclusive possession and the attainment of a personal right is given and agreed by the parties and seems to preserve and reflect . they held that the claimant had a licence, whether or not there was a lease or licence was not a matter of what the parties labelled their agreement, but the actual effect of it, Where the parties intended no legal relation at all, Where the person had no power to grant a tenancy, Where there is a master and servant service occupation. Street v Mountford "Lease must give (1) exclusive possession (2) for a term (3) at rent, subject to exceptions" Street v Mountford. to show that they have been granted possession of the premises. Found inside – Page 67KEY CASE ANALYSIS: Street v Mountford [1985] AC 809 Background Mr Street granted Mrs Mountford the right to occupy ... Decision Where residential accommodation had been granted at arent with exclusive possession the nature of the true ... 60,000+ verified professors are uploading resources on Course Hero. And, this was the time taken by the Housein Street v. Found insideStreet v Mountford [1985] AC 809 Mr Street and Mrs Mountford entered into an agreement for furnished ... possession. There has to be exclusive possession for a lease to exist. Lord Templeman held in Street v Mountford (1985) that this ... is also a unity of time since both of them receive title at the same time and run for a similar Key point. The three elements of a lease were set out in Street v Mountford.Exclusive possession is a fundamental characteristic of a lease and the key distinguishing feature in the lease-licence divide. Found inside – Page 398Since the mid-1980s, the decision in the case of Street v Mountford [1985] AC 809 has been the authority: to be a lease, every tenant must have exclusive possession for a fixed duration.70 i. Exclusive Possession A tenant must have the ... 7 The result is that Street v Mountford is often thought to stand for the dual propositions that the grant of exclusive possession for a term creates a lease, and that the parties" intentions are relevant only to show an intention to create legal relations and an intention to confer exclusive possession on the occupier. The 'exclusive possession' test established by the House of Lords in Street v Mountford, per Lord Templeman, was that an occupier would not be a tenant if he had no exclusive 'possession' for a 'certain' duration. The defendant submitted the agreement only referred to large undefined areas of land owned by them so it is impossible to specify where they would have 'exclusive possession', Held: The Court of Appeal agreed with the defendant (i.e. Facts. A lease is one of the two estates in land capable of being conveyed or created by law. individual is an occupier or a tenant. The claimant claimed to have a business tenancy whilst the defendant contended that the claimant had a licence. the court said that the possession of the servant is treated as the possession and occupation of the master but it must be strictly ancillary to the performance of the duties which the employee has to perform within the employment relationship.. Cases. ⇒ However, in Street v Mountford [1985], the House of Lords ruled that an arrangement involving exclusive possession, rent and term is necessarily a lease i.e. : Street v Mountford - Materials - Seminar 4. New!! Bruton v London and Quadrant Housing Trust. Application: Use this case to illustrate what will constitute exclusive possession under Street v Mountford [1985]. an agreement that the right of occupation will last for a specified term or is to be referable to an ongoing period, e.g. Application of the rules. Street v Mountford [1985] UKHL 4 is an English land law case from the House of Lords. Found inside – Page 146This is Street v Mountford [1985]. Relevant law □ □ Distinguish 'exclusive possession' (necessary for a lease) from 'exclusive occupation' (that might be enjoyed under a licence). □ Explain the significance of the owner's retention ... Conclusion for a period of time. The terms of the agreement included that Mr Street could enter the rooms at any time to inspect, to read the meter, to carry out maintenance and install or replace furniture or for any other reasonable purpose. Street v. Mountford - Reconsidered s. Robinson* 167 Law Reform Commissions often take years to analyse a legal prob­ lem, and consider a formula for change. for fixed or periodic term certain. leases must be for a certain determinable term. The leading case of Street v Mountford (1985) helps to distinguish between a lease and a licence: A lease is likely to give the right of exclusive possession. The proceeds of this eBook helps us to run the site and keep the service FREE! (This is also the position in Street v Mountford [1985]) Exclusive Exclusive possession means tt the tenant has the right to exclude the landlord if possession he so chooses. exclusive possession is the right to exclude all others from the property. Street v Mountford (1985) AC 809. However, Westminster v Clarke showed that the real test is the nature of the accommodation.". Found inside – Page 66In Street v Mountford194 the House of Lords held that the grant of a right to exclusive possession , for a term , is a ... 200 3.194 So the turning point represented by Street v Mountford in the law of leases has had the effect of ... It set out principles to determine whether someone who occupied a property had a tenancy (i.e. Found inside – Page 692Street v Mountford The decision in Street v Mountford52 can also be looked at through the lens of anti-avoidance. ... in Street v Mountford. He held that the grant of exclusive possession for a term at a rent creates a tenancy. Found insideAccording to Lord Templeman, there is no difficulty in deciding whether the grant of residential accommodation confers exclusive possession. There was certainly no such difficulty in Street v Mountford itself, for the simple reason that ... In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had . It can be seen that the aftermath of Street v Mountford, illustrate that landlords will go to immense lengths to make it appear that the occupier did not have exclusive possession, [28] this could be to avoid the provision of the Rent acts. intending to give exclusive possession is enough to create a lease. Facts: A man was watching a film at the cinema. A hostel for homeless people is unlikely to give exclusive possession as it is a place where people pass through. Under Street v Mountford (1985) a lease has three main identifying features: exclusive possession of land; a determinate period; rent or other consideration, although this has been doubted in recent decisions. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Abstract This article considers the test for a lease in Street v Mountford [1985] A.C. 809 (HL) and how it has been interpreted in the novel situation of property guardians. Found inside – Page 146Identify the issues □ Street v Mountford. Relevant law □ □ Distinguish 'exclusive possession' (necessary for a lease) from 'exclusive occupation' (that might be enjoyed under a licence). □ Signficance of owner's retention of a key. No on other than Mrs Mountford could occupy or sleep in the room without permission. If a lease agreement grants exclusive possession, the parties cannot insist that it is a licence. 1 This was truly a landmark decision. The 'exclusive possession' analysis accustomed by the House of Lords in Street v Mountford, per Lord Templeman, was that an aborigine would not be a addressee if he had no absolute 'possession' for a 'certain' duration. occupy. Exclusive Possession. [2008] BTC 7094. two occupy the property, they have not been granted exclusive possession of it. On the other hand the House ofLords can take as little as two months. of the agreements are the same hence taking it that this was two parts of the same document. Found inside – Page 27Since the mid-1980s, the decision in the case of Street v Mountford [1985] AC 809 has been the authority: to be a lease, every tenant must have exclusive possession for a fixed duration.14 i. Exclusive Possession Exclusive possession ... licenses are not binding upon successors to the freehold, but leases are. This test was put into place by Lord Templeman who explained an occupier wouldn't fail the requirements to be a tenant if they failed to have exclusive possession for a definite duration, this case since 1985 has been . Street v Mountford. It is, Found insideAs Lord Templeman said in Street v. Mountford [1985] A.C. 809, 818, such an express reservation 'only serves to emphasise the fact that the grantee is entitled to exclusive possession and is a tenant. here it was held that whenever an occupier is granted exclusive possession of residential accommodation for a fixed or periodic term at a state rent, there is a presumption of a tenancy exclusive possession of a defined area of land, for a fixed period (or series of periods) of time, . 3 Antoniades v Villiers (1988) 3 WLR 1205 Aslan v Murphy. Ky. LJ, 36, 202. Found inside... and there might have been terms designed to prevent the occupier from obtaining exclusive possession (such as the occupiers being required to vacate the premises for a minimum number of hours each day). In Street v Mountford [1985] ... The distinctions to be drawn between . Course Hero is not sponsored or endorsed by any college or university. Found insideIn practice it therefore appears that there are, after Street v Mountford, four types of situation where somebody can have 'exclusive possession' of property but have only a licence. Put another way, there are four exceptions to the ... Facts: In Street v Mountford, Ms. Mountford signed an agreement that was labelled "licence agreement". Street v Mountford [1985] UKHL 4 is an English land law case from the House of Lords. Facts: The respondent, Street, granted a licence to the appellant, Mountford, to occupy two rooms at a weekly rent subject to 14 days' notice of termination. owner of the property cannot create a sham agreement to deny a lease. Bruton v London & Quadrant Housing Trust [2000] 1 A.C. 406 . Street v Mountford [1985] UKHL 4 is an English land law case from the House of Lords. In Street v. MounMordl Lord Templeman sweeping aside a line of earlier authorities reaffirmed the exclusive possession test for leases: "To constitute a tenancy the occupier must be granted exclusive possession for a fixed or periodic term certain in consideration of a premium or periodical payments."2 LQHT argued, despite the existence of exclusive possession, there were special circumstances which should allow the court to construe the agreement as a licence. a licence can only create a secure tenancy if it confers exclusive possession of a dwelling house. Street v Mountford - Entering for emergency repair is NOT contradictory of exclusive possession, as the express provision reiterates this would be the only way to enter property AG Securities v Vaughan - Landlord reserves the right to introduce other people into the flat - Held this was a genuine clause which defeated exclusive possession . Street v Mountford [1985] 1 AC 809 •The House of Lords considered the nature of a tenancy in Street v Mountford; •The essential characteristics of the tenancy are: -the grant of exclusive possession; -for a fixed or periodic term certain; -in consideration of a premium or periodical payments; •These are (usually) cumulative . Street v. Mountford was not a case which involved a pretenceconcerning exclusive possession. Later, Bruton claimed he was a tenant and LQHT had an obligation to repair the flat under statutory law (if it was a licence LQHT would not have this obligation). SIGNIFICANCEIn relation to residential properties, a line of caseshaveattempted to resolve the related issues of what amounts to exclusive possession and what amounts to a 'dwelling', as the legal effect ofStreet v Mountford, taken together with the Rent Act 1977 (as amended by theHousing Act 1988), is that a tenancy or lease exists only if exclusive possession is granted of 'a dwelling'.In . Found inside7.07 It is well known that the key factor in determining whether an arrangement is a tenancy or licence is whether the occupier has been granted exclusive possession of the property (Street v Mountford [1985] 2 All ER 289, HL). Joint Tenancy and Tenancy by the Entirety Four Unities Requirement. 13.1.1 Exclusive Possession. Two new videos every week (I accept requests and reply to everything! However in doing Mountford occupied two rooms in Street's property subject to a weekly rent. The exclusive possession test should be carried out to determine whether an individual is an occupier or a tenant. High-risk and vulnerable global population.edited.docx, Kirinyaga University College (JKUAT) • COM 304, Unformatted text preview: Issue In other words, LQHT seems to have been able to give a lease to someone despite having no proprietary interest in the property → it seems to undermine the principle of nemo dat non quod habet (‘no one gives what he does not have’). Found inside – Page 12... were that: (a) where exclusive possession of premises is granted to a person in return for payment there will, ... A lodger is someone, according to his Lordship (Street v Mountford, p 818A), for whom: ... the landlord [sic] ... The question for the court was whether the agreement wasn, as expressed in the agreement, a licence, or whether it was in fact a lease. Case precedent - Westminster City Council v Clarke [1992] 2 AC 288 Facts: The council ran a hostel for single homeless men with personality disorders or learning disabilities. Found inside – Page 397If the agreement has the hallmarks of a tenancy (exclusive possession, for a term, and at a rent) then the courts will ... the occupier has been granted exclusive possession of the property (Street v Mountford [1985] 2 All ER 289, HL). Coercion is the practice of forcing another party to act in an involuntary manner by use of threats or force. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. The leading case is Street v Mountford, op. Digestible Notes was created with a simple objective: to make learning simple and accessible. Jimmy and Jess are joint occupiers of the two-bedroomed property they had agreed on In pursuant to this element, a lease or tenancy must grant a right of exclusive . The agreement did not mentionexclusive possession and the owner conceded that the occupierenjoyed exclusive possession. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Exclusive possession. 1. Street v Mountford [1985] AC 809 gives a good exposition of the law in this area. where something goes wrong with establishing a lease, equity steps in and gives a lease. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. . John Adams. Shortly after entering into this arrangement, the claimant sought a declaration as to whether what he had granted was a tenancy or a licence. possession at a rent and liable to determination by notice or re-entry. Property is surely a right of mankind as real as liberty. ⇒ Lord Templeman also pointed out exceptional cases where the prima facie intention is not to create a lease, despite the fact the occupier has exclusive possession: ⇒ Also see the cases of Clear Channel v Manchester CC and Bruton v LQHT for recent applications of this case, Facts: The owners of a theatre licenced it for 6 months to Millenium Productions, but later game them one month's notice to leave despite the fact that Millenium Productions had just contracted with a production company to put on a play at the theatre for 6 months, Held: The court held a licence can be revoked on giving reasonable notice, so the revocation of the licence here was valid. Found inside – Page 141Somma v. Hazelhurst [1978] 1 WLR 1014 The court found that there was only a licence agreement. exclusive possession had not been conferred on the occupiers. When Street v. Mountford was decided a number of years later, ... Judge LeGrandeur stated that the rule that Street v Mountford laid down was: "where residential accommodation is been granted for a term, at a rent, with exclusive possession, the grantor providing neither attendance nor services, the legal consequence was the creation of a tenancy" (at para 36). 1105-03.edited.docx - Issue Do Ricky and Jess have a lease or a license Rules In the case of Street v Mountford[1985]1 Lord Templeman ruled that in a, View (1) If an agreement confers exclusive possession of residential premises for a fixed or periodic term certain in consideration of a premium or periodical payments, then, subject to what follows, there is a tenancy (Street v Mountford (1985) 1 AC 809 at 818E-F and 827A-B perLord Templeman). Found inside – Page 151Again Mrs Mountford signed a statement that she recognised that her licence was not to have Rent Act protection. ... test for exclusive possession under a tenancy agreement is substantive. Street v. Mountford was therefore an easy case, ... Street v Mountford [1985] AC 809. Found inside – Page 58The case law since Street v Mountford illustrates the difficulties which the courts continue to face in this troublesome area. While exclusive possession remains essential to a tenancy, the fact that a residential occupant does enjoy ... But a. In effect this granted the occupant exclusive possession but, contained in the agreement, was a clause stating- as in the name of the agreement- that this was a license, not a lease. The defendant (Manchester City Council) entered an agreement (not formal) allowing the claimant to erect and maintain 13 large advertising displays at various locations.
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