National Car Parks Ltd v Trinity Development Co (Banbury) Ltd
National Car Parks Ltd v Trinity Development Co (Banbury) Ltd
- 2001
- Estates Gazette Law Reports [2001] 28 EG 144-147(4) .
ChD 9 November 2000. By an agreement, which was called a licence, the appellant agreed with the respondent's predecessor in title, to manage a shoppers' car park. By the terms of the licence, the appellant was to pay a specified percentage of profits for the right. It was not intended to confer upon the licensee a right in the form of a tenancy. The agreement would also continue year upon year until determined by either party upon three months notice. On 4 May 2000 the respondent gave notice. The appellant contended that the notice was ineffective to determine the agreement because it granted a tenancy protected by the Landlord and Tenant Act 1954 Part II. "Held", the agreement was a licence, but it did not grant the appellant a right ot keep out the grantor.
CAR PARKS
NATIONAL CAR PARKS LTD V TRINITY DEVELOPMENT CO (BANBURY) LTD
LICENCES
LANDLORD AND TENANT ACT 1954 PART II
LEASES
BUSINESS TENANCIES
LICENSED PREMISES
EXCLUSIVE POSSESSION
ChD 9 November 2000. By an agreement, which was called a licence, the appellant agreed with the respondent's predecessor in title, to manage a shoppers' car park. By the terms of the licence, the appellant was to pay a specified percentage of profits for the right. It was not intended to confer upon the licensee a right in the form of a tenancy. The agreement would also continue year upon year until determined by either party upon three months notice. On 4 May 2000 the respondent gave notice. The appellant contended that the notice was ineffective to determine the agreement because it granted a tenancy protected by the Landlord and Tenant Act 1954 Part II. "Held", the agreement was a licence, but it did not grant the appellant a right ot keep out the grantor.
CAR PARKS
NATIONAL CAR PARKS LTD V TRINITY DEVELOPMENT CO (BANBURY) LTD
LICENCES
LANDLORD AND TENANT ACT 1954 PART II
LEASES
BUSINESS TENANCIES
LICENSED PREMISES
EXCLUSIVE POSSESSION