Exclusive Possession

Question 1

Street v Mountford

Answer 1

HoL held that EP was the defining characteristic of a lease if it is present with rent and certainty of term then it will be a lease despite landlords title.

Question 2

Aslan v Murphy

Answer 2

Landlord tried to dsiguise a tenancy agreement as a license and included a clause that the landlord would retain a key. It was a lease and the clause was disregarded.

Question 3

AG Securities v Vaughn

Answer 3

Occupiers did not have joint rights and couldnt exclude each other or the landlord.

Question 4

Westminster CC v Clarke

Answer 4

Resident in a hostel was a licensee as there was no exclusive possession. Council retained exclusive rights of control and access.

Question 5

Mexfield v Berrisford

Answer 5

UKSC reaffiremed that EP is essential for a lease.