Leases vs Licences
Understanding whether an occupier holds a lease or a licence is a fundamental issue in property law. The courts look beyond the label attached to an agreement and instead consider the true nature of the occupation. Following the landmark decision in Street v Mountford, the key characteristics of a lease are exclusive possession, a fixed term, and rent. This article explores these principles, with particular focus on the concept of exclusive possession and the practical factors that determine whether an arrangement creates a lease or merely a licence.
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