Aslan v Murphy No 1 , Aslan v Murphy No 2 , Duke v Wynne and another
Aslan v Murphy No 1 , Aslan v Murphy No 2 , Duke v Wynne and another
- 1989
- Estates Gazette (1989) 38 EG 109-120(5) .
CA 27 June 1989. Three cases heard together. In all the plaintiffs sought possession on the grounds that the defendants were insecure lodgers. In the first M was occupier of a room but was not granted exclusive possession of any part of the room. It was held that M was a licensee, however CA overruled this on the basis of the HL decision in Antoniades v Villers and concluded that as the agreement was unrealistic the appellant was a tenant. Following the original decision in this case the local authority served a closing order on A in respect of M`s room and A claimed possession. It was held that Housing Act 1985 did not confer an automatic right of possession on a landlord. In the last case the accommodation comprised a whole house. The appellants occupied the house under an agreement which heavily underlined the absence of exclusive possession and security of tenure , provided that at any time other people could be selected to share the house with the appellants and emphasised that
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LICENCES
CA 27 June 1989. Three cases heard together. In all the plaintiffs sought possession on the grounds that the defendants were insecure lodgers. In the first M was occupier of a room but was not granted exclusive possession of any part of the room. It was held that M was a licensee, however CA overruled this on the basis of the HL decision in Antoniades v Villers and concluded that as the agreement was unrealistic the appellant was a tenant. Following the original decision in this case the local authority served a closing order on A in respect of M`s room and A claimed possession. It was held that Housing Act 1985 did not confer an automatic right of possession on a landlord. In the last case the accommodation comprised a whole house. The appellants occupied the house under an agreement which heavily underlined the absence of exclusive possession and security of tenure , provided that at any time other people could be selected to share the house with the appellants and emphasised that
LEASES
LICENCES