Stribling v Wickham and others
Stribling v Wickham and others
- 1989
- Estates Gazette (1989) 27 EG 81-89(4) .
CA 15 March 1989 Appeal by (S) from a cc decision dismissing S`s claim to possession of a flat occupied by (W). N as freeholder had granted three separate agreements in identical terms to W. Each agreement was called a licence , each expressly negated security of tenure, disclaimed the grant of exclusive possession , reserved the right of the licensor to introduce other licensees, charged each licensee a third of the total required by the licensor and provided for the termination of the agreement by 28 days notice. On expiry of the agreements, W refused to quit, claiming a joint tenancy under Rent Act 1977 . This was upheld by cc. On appeal by S, CA held that the agreements were licences and did not constitute a joint tenancy. Appeal allowed.
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 15 March 1989 Appeal by (S) from a cc decision dismissing S`s claim to possession of a flat occupied by (W). N as freeholder had granted three separate agreements in identical terms to W. Each agreement was called a licence , each expressly negated security of tenure, disclaimed the grant of exclusive possession , reserved the right of the licensor to introduce other licensees, charged each licensee a third of the total required by the licensor and provided for the termination of the agreement by 28 days notice. On expiry of the agreements, W refused to quit, claiming a joint tenancy under Rent Act 1977 . This was upheld by cc. On appeal by S, CA held that the agreements were licences and did not constitute a joint tenancy. Appeal allowed.
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES