Lease Licence in UK Law

Leading Cases
  • Shell-Mex and B. P. Ltd v Manchester Garages Ltd
    • Court of Appeal (Civil Division)
    • 13 Enero 1971

    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.

  • Somma v Hazelhurst
    • Court of Appeal (Civil Division)
    • 03 Marzo 1978

    This matter was expressed most happily by Buckley L.J. in Shellmex v Manchester Garages (1971) 1 W.L.R. 612 at p. 619 as follows:- "it may be that this is a device which has been adopted by the plaintiff company to avoid possible consequences of the Landlord and Tenant Act, 1954, which would have affected a transaction being one of landlord and tenant; but, in my judgment, one cannot take that into account in the process of construing such a document to find out what the true nature of the transaction is.

  • Hindcastle Ltd v Barbara Attenborough Associates Ltd
    • House of Lords
    • 22 Febrero 1996

    The statute provides that a disclaimer operates to determine the interest of the tenant in the disclaimed property but not so as to affect the rights or liabilities of any other person. Thus when the lease is disclaimed it is determined and the reversion accelerated but the rights and liabilities of others, such as guarantors and original tenants, are to remain as though the lease had continued and not been determined.

  • Bankway Properties Ltd v Penfold-Dunsford and Another
    • Court of Appeal (Civil Division)
    • 10 Abril 2001

    For this purpose, the court can look at all the relevant circumstances, including the subsequent conduct of the parties (see per Lord Jauncey in Antoniades v Villiers, above, at 475).

  • Facchini v Bryson
    • Court of Appeal
    • 07 Abril 1952

    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.

  • Delta Vale Properties Ltd v Mills
    • Court of Appeal (Civil Division)
    • 08 Diciembre 1989

    I can, for my part, see no reason for drawing any such distinction. In my judgment, notices to complete served under Condition 23, if they are to be valid, must be sufficiently clear and unambiguous to leave a reasonable recipient in no reasonable doubt as to how and when they are intended to operate.

  • National Carriers Ltd v Panalpina (Northern) Ltd
    • House of Lords
    • 11 Diciembre 1980

    I. Frustration of a contract takes place when there supervenes an event (without default of either party and for which the contract makes no sufficient provision) which so significantly changes the nature (not merely the expense or onerousness) of the outstanding contractual rights and /or obligations from what the parties could reasonably have contemplated at the time of its execution that it would be unjust to hold them to the literal sense of its stipulations in the new circumstances; in such case the law declares both parties to be discharged from further performance.

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  • Licensing (Ireland) Act 1902
    • UK Non-devolved
    • 1 de Enero de 1902
    ... ... 2. From and after the passing of this Act, no licence shall be granted for the sale of intoxicating liquors, whether for ... 3. Where, by reason of the expiration of a lease, a licence for the sale of intoxicating liquors for consumption on the ... ...
  • Housing (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ... ... between a tenant and a letting agent,(c) an agreement (including a lease) between a landlord and a tenant ... Annotations: Commencement ... application as it applies in relation to an application for a site licence" under Part 1, and(c) a site licence issued or renewed under this Part (a \xE2\x80" ... ...
  • Landlord and Tenant Act 1927
    • UK Non-devolved
    • 1 de Enero de 1927
    ... ... of premises used for business purposes, or the grant of a new lease in lieu thereof; and to amend the law of landlord and tenant ... [22nd ... has by licence or otherwise consented to a variation of ... the original terms of the ... ...
  • Housing Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ... ... the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which ... 50) , ... 34: Power of tribunal to determine or vary lease ... (1) Subsection (2) applies where—(a) a prohibition order has become ... ...
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Books & Journal Articles
  • Subject Index
    • No. 42-1, January 1979
    • The Modern Law Review
    ... ... , 714 Contractual licences recognition of 203 Equitable licence nature of 205 Injunctions criminal law and 369 Proprietary ... action, see PRACTICE REMEDIES AND PROCEDURE Harassment 223 Lease licence, distinguished from 331 Unlawful eviction Criminal ... ...
  • Comment: A Critical Assessment of Assured Shorthold Tenancies
    • No. 2-1, January 2012
    • Southampton Student Law Review
    • Louise Cheung
    • 53-58
    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...
    ... ... must satisfy the usual assured tenancy criteria (inter alia not a licence, let as a separate dwelling, tenants or joint tenants must be individuals, ... The removal of the artificial lease-licence distinction, which stands as a more technical and semantic feature ... ...
  • Industrial Relations in the Privatized Mining Industry
    • No. 35-2, June 1997
    • British Journal of Industrial Relations
    This article examines the impact of privatization on industrial relations in the UK coal industry. It focuses on aspects of continuity and change in the transition to privatization, assessing how f...
    ... ... or mothballedcollieries were subsequently put up for sale under lease-and-licence by British Coal ... 2 Coal Investments Limited purchased five ... ...
  • Notes of Cases
    • No. 52-3, May 1989
    • The Modern Law Review
    ... ... private sector landlords have ceased attempting to create licence agreement^.^ In four recent cases-Brooker Settled ... (with kitchen and bathroom), which was held on a lease by the plaintiff. Each occupier had signed-separately and at ... ...
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Law Firm Commentaries
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  • Applications relating to Empty Dwelling Management Orders (EDMOs)
    • HM Courts & Tribunals Service court and tribunal forms
    Housing and planning forms including Rent Repayment Orders and Demolition Orders.
    ... ... ... ... Determination of lease or licence ... ... ... An application by ... ...
  • sale of jointly owned property (COP GN2)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... (b) where relevant, a copy of any original conveyance, transfer, lease, assignment, settlement trust or will trust; ... (c) the names and ... should advise the court as to whether the applicant has a licence or ... consent to the assignment, and provide a copy of the same (or ... ...
  • Form PA1A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... grant of representation? ...  lease provide an official copy of the court order with your ... application ... ...
  • Apply for probate by post if there is a will
    • HM Courts & Tribunals Service court and tribunal forms
    Forms and guidance on probate including fees, where to send your probate forms (PA1A and PA1P) and supplementary forms to support your application.
    ... ... representation? ...  lease provide an official copy of the court order with your ... application ... ...
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