Creation and protection of Leasehold estates in land

Question 1

Street v Mountford [1985] UKHL 4: distinction from licence to occupy

Answer 1

In Street v Mountford [1985] the House of Lords (HL) held that a tenancy agreement exists where, in the realities of the agreement, there are the elements of a tenancy. The HL stated that it was immaterial if the agreement between the tenant and the landlord states that it is for a ‘licence’.

The area or premises let must be clearly defined
The tenant has exclusive possession – the right to occupy the premises and exclude all others including the landlord