Tenancy in UK Law
Facchini v Bryson
In all the cases where an occupier has been held to be a licensee there has been something in the circumstances to negative any intention to create a tenancy, such as a family arrangement, an act of friendship or generosity, or such like. In such circumstances it would be obviously unjust to saddle the owner with a tenancy with all the momentous consequences that that entails nowadays when there was no intention to create a tenancy at all.
R (McLellan) v Bracknell Forest Borough Council; Reigate and Banstead Borough Council v Benfield and another
He suggested that since a tenant would know the basis on which he or she had become a tenant i.e. on the basis that the statutory provisions and procedures of the introductory tenancy scheme applied to it, the rights of the tenant to occupy the premises were simply in accordance with that scheme. It would then follow that the question whether the eviction could be justified under Article 8(2) would not arise.
It is not a preliminary question whether the tenancy has been properly terminated in accordance with its terms. It is under Article 8(2) that the question to be considered is whether an eviction was in accordance with the law, and whether it was necessary for the protection of the rights and freedoms of others.
But under the introductory tenancy scheme it is not a requirement that the council should be satisfied that breaches of the tenancy agreement have in fact taken place. The right question under the scheme will be whether in the context of allegation and counter-allegation it was reasonable for the council to take a decision to proceed with termination of the introductory tenancy.
Shell-Mex and B. P. Ltd v Manchester Garages Ltd
One must look at the transaction as a whole and at any indications that one finds in the terms of the contract between the two parties to find whether in fact it is intended to create a relationship of landlord and tenant or that of licensor and licensee. One has first to find out what is the true nature of the transaction and then see how the Act operates upon that state of affairs if it bites at all.
Kay v Lambeth City Council; Leeds City Council v Price
But if the requirements of the law have been established and the right to recover possession is unqualified, the only situations in which it would be open to the court to refrain from proceeding to summary judgment and making the possession order are these: (a) if a seriously arguable point is raised that the law which enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the Human Rights Act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the High Court; (b) if the defendant wishes to challenge the decision of a public authority to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable, he should be permitted to do this provided again that the point is seriously arguable: Wandsworth London Borough Council v Winder  AC 461.
Hammersmith and Fulham London Borough Council v Monk
The action of giving notice to determine a periodic tenancy is in form positive; but both on authority and on the principle so aptly summed up in the pithy Scottish phrase "tacit relocation" the substance of the matter is that it is by his omission to give notice of termination that each party signifies the necessary positive assent to the extension of the term for a further period.
- The Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019
- The Housing (Tenancy Deposits) (Specified Interest Rate) (Revocation) (England) Order 2015
- The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015
- The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015
- Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
Renovations in lieu of rent in Spanish tenancy law
Purpose: In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the so-called renova...
Comment: A Critical Assessment of Assured Shorthold Tenancies
This article looks at how an assured shorthold tenancy (under the HA 1988, as amended by the HA 1996) is created and can be brought to an end. It critically comments on the extent of security of te...
Do tenants pay energy efficiency rent premiums?
Purpose: – Using a unique data set, the purpose of this paper is to test the hypothesis that tenants pay increased accommodation costs for space in energy efficient office property. Design/methodo...
- Q&A: Assured Shorthold Tenancy?
- Agricultural Tenancy Disputes 'Arbitration Or Expert Determination?
Licence or lease? The inadvertent tenancy
The recent County Court decision in Camelot Property Management Limited (1) and Camelot Guardian Management Limited (2) v. Greg Roynon is an uncomfortable reminder to landowners of how easy it is t...
RIP the fixed term residential tenancy?
Landlords will have to provide a good reason to evict residential tenants from now on, the government announced on 15 April, in a proposed major reform of the private rental market.