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Distiction between licences and leases

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Landlord and Tenant Law Quiz on Distiction between licences and leases, created by nathan_hutchings on 07/05/2013.
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Quiz by nathan_hutchings, updated more than 1 year ago
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Created by nathan_hutchings over 11 years ago
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Resource summary

Question 1

Question
Occupier has permission to use the premises, but has no estate or interest in it
Answer
  • Lease
  • Licence
  • Exclusive possession

Question 2

Question
Bare Licence
Answer
  • Licensee gives no valuable consideration
  • Valuable consideration given
  • Can be revoked anytime
  • Licence has to run its course otherwise breach of contract
  • E.g. Entering a shop

Question 3

Question
Contractual licence
Answer
  • Licence has to run its course otherwise breach of contract
  • Valuable consideration given
  • Licensee gives no valuable consideration
  • Can be revoked anytime

Question 4

Question
A license
Answer
  • Common law has to run its course otherwise breach of contract
  • Will not bind purchaser to freehold reversion
  • Licence cannot be bought and sold
  • Section 52 (3) Law of Property Act 1925
  • Licensee has no right to remain if licensor sells land

Question 5

Question
Wells V Kingston 1875 - Ship owner and Dry dock owner
Answer
  • Licence
  • Lease

Question 6

Question
Distinction between lease and licence - Occupier occupied furnished room
Answer
  • Lace v Chantler
  • Walsh v Lonsdale 1882
  • Antoniades v Villiers 1988
  • Facchini V Bryson 1952
  • Street v Mountford 1985
  • Heslop V Burns 1974

Question 7

Question
Street v Mountford 1985 - Occupier occupied furnished room
Answer
  • Presumption in favour of a lease
  • Form of agreement not substance of agreement
  • Substance of agreement not form of agreement
  • Presumption not in favour of a lease

Question 8

Question
Did not have exclusive possession
Answer
  • AG Securities v Vaughan
  • National car parks v Trinity Development Co 2001
  • Walsh v Lonsdale 1882
  • Wells V Kingston 1875
  • Street v Mountford 1985

Question 9

Question
Exceptions: No intention to create legal reltions - Old man allowed couple to live rent free
Answer
  • Walsh v Lonsdale 1882
  • Wells V Kingston 1875
  • Facchini V Bryson 1952
  • Heslop V Burns 1974
  • Antoniades v Villiers 1988

Question 10

Question
Service Occupancies
Answer
  • Licence if employee occupying property for better performance of job
  • Landlord and Tenant relationship
  • Licence if employee is not occupying property for better performance of job

Question 11

Question
Service Occupancies
Answer
  • Lace v Chantler
  • Walsh v Lonsdale 1882
  • Facchini V Bryson 1952
  • Antoniades v Villiers 1988
  • Heslop V Burns 1974
  • Street v Mountford 1985

Question 12

Question
Multiple sharing arrangements
Answer
  • By granting rights of shared occupation and reserving right not to move other occupiers into premises Landlord creates a licence
  • By granting rights of shared occupation and reserving right to move other occupiers into premises Landlord creates a licence
  • No individual occupier has exclusive possession
  • All individual occupiers have exclusive possession

Question 13

Question
Multiple sharing arrangements - Four bedroom flat - four occupiers
Answer
  • Walsh v Lonsdale 1882
  • AG Securities v Vaughan
  • Antoniades v Villiers 1988
  • Wells V Kingston 1875
  • Facchini V Bryson 1952

Question 14

Question
AG Securities v Vaughan
Answer
  • Four occupiers of a four bedroom flat had exclusive possession
  • Four occupiers of a four bedroom flat
  • Seperate licence agreements
  • One lease

Question 15

Question
Held to be one single lease for a couple occupying flat even though agreements stated to be two seperate licences
Answer
  • Antiades v Villiers 1988
  • Walsh v Lonsdale 1882
  • Lace v Chantler
  • Wells V Kingston 1875
  • Facchini V Bryson 1952

Question 16

Question
Does the owner retain degree of control incompatible with occupier having exclusive possession
Answer
  • Multiple sharing arrangements
  • Provision of services
  • Sham clauses
  • Business premises
  • Lodger
  • Licence

Question 17

Question
Sham clauses - Couple occupying flat
Answer
  • Lace v Chantler
  • Walsh v Lonsdale 1882
  • Street v Mountford 1985
  • Antoniades v Villiers 1988
  • Heslop V Burns 1974

Question 18

Question
Antoniades v Villiers 1988 - Couple occupying one bedroom flat
Answer
  • Owner reserved right to himself, not realistically exercisable
  • Owner reserved right to himself, realistically exercisable
  • Owner did not reserve right to himself, not realistically exercisable

Question 19

Question
Retention of key by Owner
Answer
  • Denies exclusive possession
  • Only licence if key enables owner to provide services
  • Lease if key enables owner to provide services

Question 20

Question
Aslan v Murphy
Answer
  • Retention of key by owner
  • Lease
  • Licence

Question 21

Question
Business Premises
Answer
  • Same principles apply
  • Same principles do not apply
  • Courts more willing to find leases
  • Courts more willing to find licences

Question 22

Question
Licence - Business premises
Answer
  • Antoniades v Villiers 1988
  • National car parks v Trinity Development Co 2001
  • Aslan v Murphy
  • Street v Mountford 1985

Question 23

Question
Owner retained some control
Answer
  • National car parks v Trinity Development Co 2001
  • Street v Mountford 1985
  • Wells V Kingston 1875
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