Tenancy tests
Richards, E
Tenancy tests - 2001 - Solicitors' Journal 145(44) 23 November 2001, 1088-1089(2) .
Examines the differences between licences and leases with reference to "National Car Parks Ltd v Trinity Development Company (Banbury) Ltd". Discusses how landlords can avoid security of tenure under the Landlord and Tenant Act 1954 by using excluded tenancies, tenancies at will and s43(3) tenancies although each have setbacks. Explains that a licence is another way to avoid security of tenure as it is not a tenancy and does not come under the Landlord and Tenant Act 1954. Looks at the issues surrounding the creation of licences as clarified in "Street v Mountford" and more recently in "National Car Parks Ltd v Trinity Development Company (Banbury) Ltd". The latter case demonstrated that it is still possible in some circumstances to create a true licence, although all the terms of the document are likely to be examined thoroughly. Includes tips for creating a licence.
LANDLORD AND TENANT ACT 1954
NATIONAL CAR PARKS LTD V TRINITY DEVELOPMENT CO (BANBURY) LTD
STREET V MOUNTFORD
LICENCES
COMMERCIAL LEASES
EXCLUDED TENANCIES
TENANCIES AT WILL
SECURITY OF TENURE
Tenancy tests - 2001 - Solicitors' Journal 145(44) 23 November 2001, 1088-1089(2) .
Examines the differences between licences and leases with reference to "National Car Parks Ltd v Trinity Development Company (Banbury) Ltd". Discusses how landlords can avoid security of tenure under the Landlord and Tenant Act 1954 by using excluded tenancies, tenancies at will and s43(3) tenancies although each have setbacks. Explains that a licence is another way to avoid security of tenure as it is not a tenancy and does not come under the Landlord and Tenant Act 1954. Looks at the issues surrounding the creation of licences as clarified in "Street v Mountford" and more recently in "National Car Parks Ltd v Trinity Development Company (Banbury) Ltd". The latter case demonstrated that it is still possible in some circumstances to create a true licence, although all the terms of the document are likely to be examined thoroughly. Includes tips for creating a licence.
LANDLORD AND TENANT ACT 1954
NATIONAL CAR PARKS LTD V TRINITY DEVELOPMENT CO (BANBURY) LTD
STREET V MOUNTFORD
LICENCES
COMMERCIAL LEASES
EXCLUDED TENANCIES
TENANCIES AT WILL
SECURITY OF TENURE