Nicolaou and Another v Pitt and Another
Nicolaou and Another v Pitt and Another
- 1989
- Estates Gazette (1989) 21 EG 71-73(2) .
CA 1 February 1989. Appeal by freehold owners (N) of flat, from cc decision in favour of respondents (P) and (A), holding that they had obtained a tenancy of the flat. At issue was whether an agreement for sharing occupation of the flat for a fixed term in consideration of regular payments created a licence or a tenancy. Originally P occupied the flat with two others under an agreement described as a licence. Later the other two left and A moved in. The parties entered into a new contract. This licence, expressly disclaimed the grant of exclusive possession and reserved to N the right to nominate further occupiers; it also declared that no landlord and tenant relationship was intended and that payments should not be regarded as rent . P later left the flat, leaving A to occupy it on his own, and in due course N purported to terminate the licences and sought possession of the premises. Cc judge rejected N`s claim, believing that N did not seriously contemplate introducing anyone else
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 1 February 1989. Appeal by freehold owners (N) of flat, from cc decision in favour of respondents (P) and (A), holding that they had obtained a tenancy of the flat. At issue was whether an agreement for sharing occupation of the flat for a fixed term in consideration of regular payments created a licence or a tenancy. Originally P occupied the flat with two others under an agreement described as a licence. Later the other two left and A moved in. The parties entered into a new contract. This licence, expressly disclaimed the grant of exclusive possession and reserved to N the right to nominate further occupiers; it also declared that no landlord and tenant relationship was intended and that payments should not be regarded as rent . P later left the flat, leaving A to occupy it on his own, and in due course N purported to terminate the licences and sought possession of the premises. Cc judge rejected N`s claim, believing that N did not seriously contemplate introducing anyone else
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES