A lease is a grant of exclusive possession of land or property. A licence is a permission to do something on the licensors’ land or property.
The distinction is important because different legal rights and protections attached to leases and licences. A document is not simply comprised of the label that is put upon it. The courts look into the terms of the agreement. Therefore, they look at the substance and intentions of the parties in order to analyse the arrangements between them.
In the recent matter of Watts v Stewart and others [2016] EWCA Civ 1247 the Court of Appeal was asked to consider whether, Mrs Watts a resident of an almhouse, was a tenant or licencee.
Mrs Watts had signed a letter of appointment with the charity when she took up residence. The terms of the agreement referred to the conditions of tenancy. Mrs Watts was served a notice to quit the property This was because of her antisocial behavior. Legal proceedings were also issued for possession.
The Court of Appeal held that Mrs Watts did not have exclusive possession of the property. This was because she was a beneficiary under a charitable trust. She was therefore not a tenant. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square,
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/
The distinction is important because different legal rights and protections attached to leases and licences. A document is not simply comprised of the label that is put upon it. The courts look into the terms of the agreement. Therefore, they look at the substance and intentions of the parties in order to analyse the arrangements between them.
In the recent matter of Watts v Stewart and others [2016] EWCA Civ 1247 the Court of Appeal was asked to consider whether, Mrs Watts a resident of an almhouse, was a tenant or licencee.
Mrs Watts had signed a letter of appointment with the charity when she took up residence. The terms of the agreement referred to the conditions of tenancy. Mrs Watts was served a notice to quit the property This was because of her antisocial behavior. Legal proceedings were also issued for possession.
The Court of Appeal held that Mrs Watts did not have exclusive possession of the property. This was because she was a beneficiary under a charitable trust. She was therefore not a tenant. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square,
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/
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