• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The distinction between having a tenancy and a simple permission to enter premises known under English law as a licence; is defined by the case of Street v Mountford. This case sets out the requisite, which is required in order to create a tenancy, one...

Extracts from this document...

Introduction

The distinction between having a tenancy and a simple permission to enter premises known under English law as a licence; is defined by the case of Street v Mountford. This case sets out the requisite, which is required in order to create a tenancy, one of which is known as exclusive possession. This is often known as a hallmark of a tenancy since having this right allows a tenant to exclude the world if need be it including the landlord unless he/she is to exercise a right under the tenancy agreement to view, repair or maintain a property. (i) In case scenario (I), Jade has allowed her nephew to stay in her home while she is away in India, no rent is being charged but she expects him to look after the cats while she is away and to pay for consumption of energy utilities (gas and electricity). In contractual terms I would interpret this as Jade allowing her nephew to stay rent free on the condition he looks after the cats and for reasons of fairness to pay his way in a manner of utility bills. ...read more.

Middle

The courts tend to disregard the family/friends agreement as lease, but there has been a case where it did create a tenancy.4 (ii) The case scenario involving Graham, a mentally unbalanced man who is living in a house with four others under supervision, is similar to a lodger but the difference being Graham is under care. To understand whether Graham has a licence or a lease it would be natural to consider whether he has exclusive possession of a separate dwelling. Although there is no statutory definition of a dwelling, case law has helped to point the courts to the meaning. The case of Uratemp Ventures Ltd -v- Collins, Same -v- Carell5, states that cooking facilities would be an essential element in deciding whether it was a dwelling. Graham has a room with en suite and cooking facilities. Along with this and the weekly rent I would in normal circumstances suggest he has lease rather than a licence, he lives in a self-contained room with others in house and enjoys exclusive possession of his room. ...read more.

Conclusion

He pays rent but it doesn't state whether he has term which is the third requirement set out by the case. This scenario is slightly difficult in deciding whether the agreement is a mere licence or tenancy. Since the introduction of the Rent and Housing Act landlords have set out to disguise agreements as licences when actual fact it is a tenancy. So although in writing it states the agreement is a licence the courts will take the realities of the accommodation when deciding a case. A case that resembles similar facts, as Ted's is the case of Family Housing Association v Jones 19907. 1 Cobb v. Lane [1952] 1 T.L.R. 1037 2 Ashburn Anstalt v WJ Arnold & Co [1989] Ch. 1 [1988] 2 W.L.R. 706 3 Housing Act 1988 CHAPTER 50 PART I RENTED ACCOMMODATION CHAPTER I ASSURED TENANCIES 4 Ward v Warnke CA (1990) 22 H.L.R. 496 5 Uratemp Ventures Ltd -v- Collins, Same -v- Carell CA [1999] 6 Westminster City Council v Clarke [1992] 2 AC 288 7 Family Housing Association v Jones [1990] 1 W.L.R. 779 [1990] ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    the english legal system unit1 assignment4

    4 star(s)

    Access to Justice Act 1999 (together with the Legal Services Consultative Panel set up under the AJA) now have different ideas and there is little doubt that it will not be long before the two professions, to all intents and purposes, merge.

  2. Marked by a teacher

    The english legal system unit1 assignment3 three part question

    3 star(s)

    The way in which Judges cope with this lies in the rules of statutory interpretation which constitute possible approaches, with the judge choosing the most appropriate in the circumstances and include the following; The Literal Rule: This means that the Court will apply the ordinary and natural (literal)

  1. Explain the distinction between the law and morals and consider the importance of the ...

    1967 male homosexual sex was legalised and by 1994 the age of consent was reduced from 21 to 18 with this being further reduced in line with heterosexual sex in 2003 to 16 years of age. Recently in 2004 Civil Partnership Act has been introduced, this creates a new legal

  2. To advise Reggie, it is necessary to look at the law of adverse possession. ...

    for Amanda. As for the island, Reggie would have title to it as although Phil may still have island and land on the shore under his name in the Land Registry, he could not bring an action to recover the property as the twelve years from the date (1965 - 1993)

  1. "The main aims of the Land Registration Acts were to give certainty to title ...

    Prior to this amendment a distinction had to be drawn between leases that had a sum of money was payable at the start (classified as overriding interests) and leases at which no money was payable at the start (classified as minor interests).

  2. Health Care Ethics and Law

    The advantage of the former approach is that more women with learning disabilities will be able to enjoy sexual relationships, the advantage of the latter approach is that it will protect more women with learning disabilities, including those not deemed defective, from abuse and exploitation (Gunn 1996).

  1. Unmarried fathers and their children - has the law got it right?

    In Re B28 a residency order was granted, and the father had unfettered powers to take the child abroad, whereas the mother was barred form making any applications without leave. On appeal the House of Lords restored the adoption order to the father on the basis that the Court of

  2. Law case study

    Act 1995 and the Social Work (Scotland) Act 1968. It is important in these laws to identify whether social workers have power or if it is a duty. "The word shall in legislation indicates a duty: it must be done.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work