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S9 – Leases, Licences
Nature of Leases
lodger
(1)Definition: exclusive possession, for a term,
at a rent
(2)[label] if agreements satisfies requirement
Street v Mountford
1 of tenancy, tenancy will arise even if
(Lord Templeman)
parties claim they created lease
(intentention not relevant)
(3)Unless: no intention of legal relations,
master-servant, no power to grant leases
s. 1 LPA 1925 lease is a legal estate in land
statutory definition: term of years, whether or not
s. 205(!)(xxvii)
at a rent,not determinable upon life of cesser
Ashburn Anstalt v rent is not required (despite Street v Mountford) –
Arnold from statute definition
[non-proprietary lease] grant of exclusive
Bruton v London possession for a term amounts to a lease,
2 and Quadrant irrespective of whether grantor had exclusive
Housing Trust possession
o Rent not necessary, though usually payable
[after Bruton]
(1)Lease in Bruton is not a proprietary
Kay v Lamberth interest, only enforceable between the
3
LBC parties
(2)Lord Scott very dismissive, won’t bind third
party
[after Bruton] doesn’t infringe ECHR
Kay v UK

Exclusive Possession
(1)exclusive if B is able to exercise the rights
of an owner
Street v Mountford (2)right to keep out strangers, except to
letting owner in for certain thing (not
whenever he wants)
Aslan v Murphy stay out for 90 mins daily, key at owner
(1)depends on multitude of factors: offering
services, ability to enter unrestricted, add
more people, etc.
(2)retention of keys: depends for what –
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responsibilities as landlord or provision of
lodger services
(3)sham term: vacating between fixed hours
= not genuine, because not intended to be
acted upon
(4)label: label of “licence” doesn’t matter
charity homeless shelter
Westminster CC v factors: rooms may be relocated, asked to share,
Clarke be in rooms by 11PN, council can enter at any
time = not exclusive
the landlady providing services for cabinet
Vandersteen v if services are provided as part of separate
Agius agreement, not in lease, then there is exclusive
possession
Family Housing key retained for repairs = still exclusive
Association v Jones possession, repair is responsibility of landlord
(1)[pretence] restrictions on use looked at in
substance, not form – intentions that
terms be acted upon, or just artificial
Antoniades v
term
Villiers
(2)example: introduce another tenant/ live
with couple
(3)joint tenants: two identical agreements
signed separately
four separate agreements with four separate
dates
(1)[substance vs. form]if there wasn’t
AG Securities v intention that death should allow the others
Vaughan to assume all occupation = not joint
tenancy, but licence
(2) joint tenants: four different dates
precludes four unities = licences
[label – joint tenancies]
(1)whether lease, depends if they together
have exclusive possession
Hajiloucas v Crean
(2)joint liability for rent indicates jointe
tenancy; separate liability indicates lease
of respective rooms
National Car Parks
v Trinity more focus on label if commercial agreement
Development
(1)right to introduce another tenant not
realistic if property intended to be
Mikeover v Brady
occupied by friends
(2)BUT if no 4 unities = only licences
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[label not conclusive] label given by parties to
The IDC Group v
agreement matters when distinguishing
Clark
easements from licences
For a Term
for the duration of the war
term must be either (1) expressed with certainty
Lace v Chantler
or (b) by reference to something determinable at
the time of effect
Prudential
lease until land needed by developer
Assurance v
** (1)no maximum duration = no lease
London Residuary
(2)periodic tenancies: possession + rent
Body
occupied from monthh to month, weekly rent;
Local Authority could only terminate if in arrears
(1)criticism of ‘certain term’ rule
Berrisford v
(2)if uncertain term = lease for life terminable
Mexfield
o s. 149(6) LPA turns 90 years, terminable
by death
o applies only to grants to individuals
formality rules apply to leases for life created in
Hardy v Haselden
this way
Southward Housing
Mexfield doesn’t apply if clear intention that
v Walker
tenant shouldn’t enjoy life lease
(2015)
periodic tenancy – implied from rent payment +
Adler v Blackman
exclusive possession
[periodic] rent + entry into possession while
negotiating long-term lease  no periodic
Javad v Aqil
tenancy, but tenancy at will
 Rent is not the only factor
joint periodic tenancy, W left + gave notice to
terminate
Hammersmith and (1)Contractual periodic tenancy can only
Fulham v Monk renew when both joint tenants agree
(2)[termination] yearly tenancies held by joint
tenants = notice one full term before
joint secure tenants, local authority re-homes
one if serves notice to quit
[termination + HR] local authority re-homing
Sims v Dacorum
5 conditional on end of periodic tenancy doesn’t
BC(2014)
breach Mr. Sims human rights
 Inherent limitation argument; no
independent right
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Rent
(1)[rent] rent being payable demonstrates
Vesely v Levy intention to create legal relations
(2)definition of rent =
Exceptions to Lease Creation + Equitable Leases
Burrows v Brent no intention to create legal relations = no lease
where the right to exclusive possession is
Street v Mountford referable to a legal relationship other than
tenancy
contractual lease isn’t proprietary because owner
Burton v London &
has no power to grant lease (only has license in
Quadrant Housing
land)
[equitable lease – contract] contract + rent
before contract + possession = equitable lease
Walsh v Lonsdale
for the term agreed (as opposed to period
tenancy)
R v Tower Hamlets equitable lease
s. 38
Sched 2, para 3(2) leasehold must be registered with own title
(b)
no deed or writing requirement for leases under
s. 54(2) 1925 Act +
or equal to 3 years, for best rent, in
s. 2(1) of 1989 Act
possession
Sched 3, para 1 legal leases are overriding interests
equitable leases may be overriding if in actual
Sched 3, para 2
occupation (unless overreached)
Dealings
purported to lease for 5 years, when 4 years
remaining
Milmo v Carreras
[assignment or subleasing] substance not form
= if for all remaining term, it’s assignment
assigignment of legal lease requires deed (not
Crago v Julian
writing) + registration (s. 27)
assignment of equitable lease requires signed
s. 53(1)(c) LPA
writing
leases for less than 3 years cannot be protected
s. 32-34
by a notice, so are overriding as is
Termination of Leases
Protection from (1)s. 2-3 – need for court order to recover
Eviction Act 1977 possession of dwellings
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(2)s. 5(1) – need writing and 4 weeks notice to
terminate periodic tenancy
termination of a headlease terminates subleases
Barrett v Morgan
too, unless the headlease is surrendered
Hammersmith v in joint period tenancy, one teant serves notice to
Fullham v Monk quit = comes to an end
termination of joint periodic tenancy challenged
Qazi v Harrow LBC
on HR grounds
McCann v
termination of joint period tenancy challenged on
Birmingham City
HR grounds
Council
[repudiatory breach] where there is a breach of
Hussein v Mehlman a fundamental term, court holds lease to be
terminated
closure of the only access road for 20 months of
10-year lease NOT frustration
National Carriers v
[frustration] if supervening event brings
Panalpina
fundamental change of circumstances, tenancy
may be said to be frustrated
[surrender] requires deed for express surrender
Barrett v Morgan
under s. 52(1)
Licences
licence definition = passes no interest, but
Thomas v Sorrell
prevents trespass
residual: pleasure boats on channel not
Hill v Tupper
easement, but licence
Winter Garden (1) grace period: reasonable time to
Theater v vacate premises, not based on stipulation
Millennium (2) contractual licence: no revocation
Productions if within terms, specific performance
Gibson v Douglas grace period: depends on type of licence
(2016) (minutes vs. years)
Robson v Hallett minutes of grace period
leaving ancestral home after 10 years
Parker v Parker
grace period can be two years
ticket to horse races
Wood v Leadbitter contractual licence = can only sue for damages,
not insist to stay
Hounslow LBC v
specific performance for contractual licncese
Twickenham
Verrall v Great room for conference
Yarmough BC Denning specific performance
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Manchester Airport contractual licensee can sue trespassers even
v Dutton before possession (controversial)
Ashburn Anstalt v contractual licence is not proprietary right, can’t
Arnold bind
Ashburn Anstalt v
[new, direct right]
Arnold
Lloyd v Dugdale [new, direct right]
Chaudhary v Yavuz [new, direct right]