Exclusive Possession Flashcards
1
Q
What case governs exclusive possession?
A
Street v Mountford
Exclusive possession is the key to the distinguish between leases and licences. HL- look at the nature and the extent of the property. Look at the relationship between the parties. The more control =Licence
The less control = Lease
2
Q
What is the meaning of exclusive possession?
A
If there is no exclusive possession granted to the tenant then it is a licence. It is the defining characteristic of a tenancy, without it there is no tenancy.
3
Q
What is the test for exclusive possession? What case backs this up?
A
Has the grantee been given general control of the property?
Wells v Kingston upon Hull- HELD: ship owner was not granted general control of the dock. Thus had a licence.
