UK landowners warned over major advertising ruling
Walton, Alistair
UK landowners warned over major advertising ruling - 2005 - Estate Agent June 2005, 20(1) .
Examines the important High Court ruling in "Clear Channel UK Limited v Manchester City Council" ([2004] EWHC 2873, L130072) relating to the law affecting leases for erecting advertising hoardings. Outdoor advertising company (C) erected hoardings and began paying rent on land owned by the council (B) despite both agreements involved being unsigned. C claimed that the agreements constituted leases but B believed that it only granted licences and could reclaim its land. HC ruled that one of the agreements was a lease, granting C a protected tenancy and full tenant's rights. Advises landlords to work out watertight agreements with advertising firms as landlords cannot guarantee that an agreement is a licence just because they think it is. The safest way to deal with this problem is to create a lease contracted out of the Landlord and Tenant Act 1954, which removes the occupier's security of tenure.
CLEAR CHANNEL UK LTD V MANCHESTER CITY COUNCIL
LANDLORD AND TENANT ACT 1954
UK landowners warned over major advertising ruling - 2005 - Estate Agent June 2005, 20(1) .
Examines the important High Court ruling in "Clear Channel UK Limited v Manchester City Council" ([2004] EWHC 2873, L130072) relating to the law affecting leases for erecting advertising hoardings. Outdoor advertising company (C) erected hoardings and began paying rent on land owned by the council (B) despite both agreements involved being unsigned. C claimed that the agreements constituted leases but B believed that it only granted licences and could reclaim its land. HC ruled that one of the agreements was a lease, granting C a protected tenancy and full tenant's rights. Advises landlords to work out watertight agreements with advertising firms as landlords cannot guarantee that an agreement is a licence just because they think it is. The safest way to deal with this problem is to create a lease contracted out of the Landlord and Tenant Act 1954, which removes the occupier's security of tenure.
CLEAR CHANNEL UK LTD V MANCHESTER CITY COUNCIL
LANDLORD AND TENANT ACT 1954