Zusammenfassung der Ressource
Frage 1
Frage
Occupier has permission to use the premises, but has no estate or interest in it
Antworten
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Lease
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Licence
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Exclusive possession
Frage 2
Antworten
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Licensee gives no valuable consideration
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Valuable consideration given
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Can be revoked anytime
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Licence has to run its course otherwise breach of contract
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E.g. Entering a shop
Frage 3
Frage
Contractual licence
Antworten
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Licence has to run its course otherwise breach of contract
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Valuable consideration given
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Licensee gives no valuable consideration
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Can be revoked anytime
Frage 4
Antworten
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Common law has to run its course otherwise breach of contract
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Will not bind purchaser to freehold reversion
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Licence cannot be bought and sold
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Section 52 (3) Law of Property Act 1925
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Licensee has no right to remain if licensor sells land
Frage 5
Frage
Wells V Kingston 1875 - Ship owner and Dry dock owner
Frage 6
Frage
Distinction between lease and licence - Occupier occupied furnished room
Frage 7
Frage
Street v Mountford 1985 - Occupier occupied furnished room
Antworten
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Presumption in favour of a lease
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Form of agreement not substance of agreement
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Substance of agreement not form of agreement
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Presumption not in favour of a lease
Frage 8
Frage
Did not have exclusive possession
Frage 9
Frage
Exceptions: No intention to create legal reltions - Old man allowed couple to live rent free
Frage 10
Frage
Service Occupancies
Antworten
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Licence if employee occupying property for better performance of job
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Landlord and Tenant relationship
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Licence if employee is not occupying property for better performance of job
Frage 11
Frage
Service Occupancies
Frage 12
Frage
Multiple sharing arrangements
Antworten
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By granting rights of shared occupation and reserving right not to move other occupiers into premises Landlord creates a licence
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By granting rights of shared occupation and reserving right to move other occupiers into premises Landlord creates a licence
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No individual occupier has exclusive possession
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All individual occupiers have exclusive possession
Frage 13
Frage
Multiple sharing arrangements - Four bedroom flat - four occupiers
Frage 14
Frage
AG Securities v Vaughan
Antworten
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Four occupiers of a four bedroom flat had exclusive possession
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Four occupiers of a four bedroom flat
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Seperate licence agreements
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One lease
Frage 15
Frage
Held to be one single lease for a couple occupying flat even though agreements stated to be two seperate licences
Antworten
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Antiades v Villiers 1988
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Walsh v Lonsdale 1882
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Lace v Chantler
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Wells V Kingston 1875
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Facchini V Bryson 1952
Frage 16
Frage
Does the owner retain degree of control incompatible with occupier having exclusive possession
Frage 17
Frage
Sham clauses - Couple occupying flat
Frage 18
Frage
Antoniades v Villiers 1988 - Couple occupying one bedroom flat
Antworten
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Owner reserved right to himself, not realistically exercisable
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Owner reserved right to himself, realistically exercisable
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Owner did not reserve right to himself, not realistically exercisable
Frage 19
Frage
Retention of key by Owner
Antworten
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Denies exclusive possession
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Only licence if key enables owner to provide services
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Lease if key enables owner to provide services
Frage 20
Frage 21
Antworten
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Same principles apply
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Same principles do not apply
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Courts more willing to find leases
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Courts more willing to find licences
Frage 22
Frage
Licence - Business premises
Frage 23
Frage
Owner retained some control