|
| |
Exclusive PossessionThe leading court case of Street V Mountford in 1986 established that for a lease to exist the tenant must have been granted exclusive possession of the property or part of it. This means they must have sole right to live there otherwise they will not be seen as a tenant in the eyes of the law. Providing there is exclusive possession the courts will see the occupation as a lease even if it is given another name such as a license. Company lets
are an example where an occupier has exclusive possession, but is
not a tenant. i.e. if company ABC ltd took a lease for a member
of their staff the tenant would be ABC ltd. The member of staff
would be a permitted occupier under a license. For more information or advice please call
|