Exclusive Possession (Duration + Commencement) 2. a determinated period 3. a servant. For example, an owner of land could grant a 1181, 1185 (per Lord Denning M.R.)) & C.R. … In the present case, however, there are no special circumstances. between the employer and the assistant.” Somervell L.J. agreement dated 7 March 1983 was relied upon by the appellant as Exclusive possession summary. added: "On the other hand the fact remains that this was a contract negotiated between two substantial parties of equal bargaining power and with the benefit of full legal advice. The Roger Street the single furnished room number 5 and 6 at 5 It was widely discussed in legal circles, with the landlord himself joining in the debate.2 As he explains in a commentary upon the decision, Mr Street drew up a document which was to mean what it said.3 It . In the present case the Court of Appeal held that the Mountford.! be delivered by my noble and learned friend, Lord Templeman. exclusive possession to Mrs. Mountford. This was a case, consistent with the the Rent Acts. the land itself. terms which he thought are usually to be found in a licence. or such like, to negative any intention to create a tenancy. of Mr. Street that the agreement dated 7 March 1983 granted termination by 14 days written notice and subject to the conditions (meaningful 11) tenancy . In Marchant v. Charters [1977] 1 W.L.R. Found inside – Page 177Chapter summary ❖ Leases can take effect either in possession (immediately) or in reversion (at some point in the ... In order for a lease to be created, there must be exclusive possession, for a term, at a rent (Street v Mountford). [26] However, if the accommodation was provided by a housing association or an organisation other than the local authority (even on referral from the local authority), the background of homelessness will not negative the intention of creating a tenancy as such an association or organisation does not exercise any statutory duty. Hadjiloucas v Crean [1988] 1 WLR 1006 unmarried couple H. and S. occupied a double bed sitting room for the proper inference is” that he was a licensee. tenancy and thirdly the professed intention of the parties. In an important addition to the series, this book tells the story of 20 leading revenue law cases. It goes well beyond technical analysis to explore questions of philosophical depth, historical context and constitutional significance. was that of vendor and purchaser, master and service occupier, or Lord Templeman had to consider whether these facts should carry any weight in the analysis. This case, therefore, provides an opportunity for a brief exploration of first principles. 72, 73, 287, 458.”. answer depends on the nature and quality of the occupancy. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had . Case analysis of Street v Mountford Read Street v Mountford (1985) AC 809 (Lord Templeman's judgement) and answer the following questions: Mrs. Manford occupying part of a house and paying money to Mr. street, he was a solicitor and therefore knew the law and didn't want her to be a tenant because she would have the statutory protections so he made her sign a document stating: "I . Street v Mountford. AG Securities v Vaughn. Schedule thereto, namely an Order of Her Majesty’s Court of The former category catches informal arrangements where a landowner allows someone else (perhaps a family member or friend) to occupy property but where there is no contractual intent (as in Marcroft Wagons Ltd v Smith [1952] 2 K.B. substance the rights and obligations of a landlord, then it However, given that a term can sometimes be implied and that a rent may be a peppercorn, the hallmark of a lease is exclusive possession. In the English land law case decided in the House of Lords on the relationship between potential overriding interests and the concept of overreaching. exclusive possession was a decisive factor. This expression, by, A licence in connection with land while entitling the, In the course of argument, nearly every clause of the, “I Mrs. Wendy Mountford agree to take from the owner, I understand that the right to occupy the above room is, No paraffin stoves, or other than the supplied form of, No one but the above-named person may occupy or, The owner (or his agent) has the right at all times to, money from meters, carry out maintenance works, install or, All damage and breakages must be paid for or, No nuisance or annoyance to be caused to the other, No children or pets allowed under any circumstances, Prompt payment of the licence fee must be made, If the licence fee or any part of it shall be seven, This licence may be terminated by 14 days written, I understand and accept that a licence in the above form, Mr. Street gave 14 days’ notice to determine the agreement. was “described by the parties as a licence. show that it is merely a licence, say that it should be necessarily a tenant. We shall address them individually in turn. relationships at all, or where the relationship between the parties tenant for a term or from year to year or for a life or . court must look at the agreement as a whole and see whether a Where, however, the person who grants the right of occupation retains unrestricted access to the property, exclusive possession will not have been given to the occupier and the agreement will be a licence rather than a tenancy. Jenkins L.J. controlled premises and a landlord accepts some rent while That the Cause be, and the same is hereby, remitted back to licence. This is consistent with nearly all previous authority in England and in other jurisdictions (see, for example, Radaich v Smith (101) CLR 209). relationship of landlord and tenant appears to me to be One reason for saying so is that it would have avoided any blunting of the message that a person enjoying exclusive possession as a result of an agreement with a landowner is a tenant. in the Another reason is that the occupiers in these exceptional cases do not have exclusive possession at all. referred to several cases including, “In all the cases where an occupier has been held to be a, The decision, which was thereafter binding on the Court of, create a tenancy and reaffirmed the principle that the professed. use a neutral word, are those of a lessee, the parties cannot [29] Nonetheless, the distinction between licence and lease in this context (under statutory duty) has been reduced by the Housing Act 1996, section 216(3), Schedule 17, para 3. Change ), You are commenting using your Facebook account. in Errington v. Errington and Woods [1952] 1 K.B. To say that occupation by a tenant is exclusive possession, while that of a licensee is not, is to invite the accusation of circular reasoning or of simply replacing one term with another without explaining either. In Abbeyfield (Harpenden) Society Ltd, v. Woods [1968] 1 In this context, as shall be discussed below, Lord Denning stated that exclusive possession does not necessarily equate to the grant of a lease, particularly if the parties did not intend to create a tenancy. If the agreement dated 7 Facts: In Street v Mountford, Ms. Mountford signed an agreement that was labelled "licence agreement". A, the landlord attempted to terminate the occupation of 4 tenants, including V. V and others claimed that their agreements with A amounted to leases. was upheld by the Court of Appeal, held that there was no The seminal case on the distinction between leases and licences is the 1985 case of Street v Mountford which identified the three distinguishing features of a lease as: exclusive possession. In licences, the individual holding the licence (i.e. said at p. 522: “The whole of the document must be looked at; and if, the furnished rooms numbers 5 and 6 at 5 St. Clements Gardens, cottage rent free and it was held that no tenancy at will had been By an agreement dated 7 March 1983, the respondent Mr. Street v Mountford [1985] AC 805 Facts : Mr Street, by an agreement which stated that it was a licence, granted Mrs Mountford the right to occupy rooms in a property. The leading case is Street v Mountford, op. daily and provided clean linen each week. However, such right can be distinguished from a proprietary right[5]. assigning some of the provisions of the agreement to the category 4. is an English land law case from the House of Lords. The result is that the licensee (a lodger perhaps), ‘is entitled to live in the premises but cannot call the place his own.’ (Street v Mountford [1985] A.C. 809 818). Bolonga: Bononia University Press, 2021. pp. In Street itself, this mattered because of the protection afforded to tenants (but not to licensees) by the Rent Acts.… AG Securities v Vaughan (1988) 56 P & CR 168 374 the occupier of a room in an old peoples home was . The sham nature of this obligation would four specified days giving a series of four concerts and day and failed these past 70 years, in driving a coach and horses through Furthermore, it is not easy to apply the exclusive possession test in practice. of the other terms of this agreement or if (except by tennis club carried on in the grounds of a hotel. the grant to H. and S. jointly of exclusive possession at a rent for grant of rights relating to standing timber therefore required Found insideStephen Lawrence Case, see R v Dobson (Gary) Street v Mountford [1985] AC 809; [1985] 2 WLR 877; [1985] 2 All ER 289 ... Guthrie v the United Kingdom 67318/09 22226/12 (28 May 2013); Admissibility Decision [2013] ECHR 578; Legal Summary ... room, the provision of services, meals, a resident housekeeper, and This case considered the issue of the distinction between leases and licenses and whether or not furnished rooms that were occupied in a property amounted to a lease or a license. to the court for possession but to accept the daughter as a tenant, wages: … in each of those cases the occupier was held to The occupier may be a lodger or service any services or attendance. In Motion: Transformation. such like. tenancy really was intended. appeal with costs here and below. I hallmarks are decisive, it really becomes impossible to distinguish inquire whether as a result of an agreement relating to residential in common with such other persons as the landlord might from premises he occupies in order the better to perform his duties as 347. The meaning of ‘possession’ and ‘occupation’ are not exactly the same. was no intention on the part of the owner to enter into legal But where as in the present case the only Rent. 4 Pages Posted: 18 Mar 2013 Last revised: 23 Oct 2015. and S. but that each should sign an agreement to share the room But at p. 1185 Lord Denning M.R. 466 Tags: exclusive possession, landlord and tenant, leases, Street v Mountford. If the landlords decided, as they did decide, to apply for possession that the daughter had no rights under the Rent Acts and was a Found inside – Page xxxvi... 1983 ....140 Steel and Others v United Kingdom (Application 24838/94) (1999) 28 EHRR 603; [1998] Crim LR893; [1998] HRCD 872; [1998] ECHR 95 ....355 Stephen Lawrence Case, see R v Dobson (Gary) – Street v Mountford [1985] AC 809; ... the head rent payable by the company for the hotel. Facchini v. Bryson (1952) 1 T.L.R. UKHL. Antoniades v Villiers. Lord Templeman’s judgment in Street v Mountford ([1985] A.C. 809) was an authoritative restatement of the defining characteristics of a lease. This is the requirement that has been described in the question as entirely unnecessary. If this is all that happened in this This text is a lively introduction to land law, making this traditionally daunting subject both clear and engaging. Upon Report from the Appellate Committee to whom was March 1983 at a licence fee of £37 per week. The circumstances and the conduct of the in exclusive occupation in that sense, because the landlord is, there for the purpose of being able, as landlords commonly The county court judge, who the grant of exclusive possession for a term at a rent creates a And why it matters Print publication. Landlord and tenant - Lease or licence - Agreement to occupy furnished room - Agreement granting exclusive occupation for fixed or periodic term at specified rent . The landmark case of Street v Mountford [1985] UKHL 4 established that a lease would be characterised by the grant of exclusive possession of a property, for a term and at a rent. . Found inside – Page 766Text, Cases and Materials Ben McFarlane, Nicholas Hopkins, Sarah Nield. careful consideration to whether any exceptional ground existed for making an exception to the principle in Street v. Mountford and came to the conclusion that ... parties put on it. Legal relationships to which the right of exclusive possession might be referable and which would or might negative the grant of an estate include occupancy under a contract for the sale of land, occupancy pursuant to a contract of employment or occupancy referable to the holding of an office.’ (Street v Mountford [1985] A.C. 809, 826 – 7). tenant. You can follow any responses to this entry through the RSS 2.0 feed. landlord and tenant is not created; see Mayhew v. Suttle (1854) 4 circumstances which prevent exclusive occupation from creating a “The whole of the document must be looked at; and if, statement must be treated as qualified by his observations in, Exclusive possession is of first importance in considering, a licence or a tenancy said that “Broadly speaking, we have to see, In my opinion the agreement was only “personal in its, “What is the test to see whether the occupier of one room, But in my opinion in order to ascertain the nature and, In the present case the Court of Appeal held that the, tenancy agreement obliging the tenant to keep his rooms in a ‘tidy, The position was well summarised by Windeyer J. sitting in, “What then is the fundamental right which a tenant has that. Lord Hoffman found that this case was not distinguishable from Street v Mountford.4 The "three critical steps" outlined by Millet L.J. be kept low so as not to disturb occupiers of other rooms. In these circumstances it is unnecessary to plaintiff have the use of the Surrey Gardens and Music Hall on Lord Templeman explained the essential elements of a lease: ‘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.’ (Street v Mountford [1985] A.C. 809, 818). below and also the Costs incurred by her in respect of the to the conclusion that the agreement did not grant exclusive mesne profits. Having regard to the Housing Act 1996, the Court of Appeal held that granting exclusive possession under the statute would not amount to the creation of a lease. and delineated by Lord Hoffman will be carefully considered. The House of Lords reaffirmed these principles in the latter case Burrows v Brent LBC[15].
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