A G Securities v Vaughan and others
A G Securities v Vaughan and others
- 1988
- New Law Journal 138(6341) 29 January 1988, 23-25(3) .
CA 21 December 1987. Appeal by occupiers (V) from cc decision in favour of landlords (A). Cc held that the four occupiers were licensees and not tenants of a furnished flat. V occupied the flat under separate agreements with A for different terms at different rents. In 1985 A decided to let the flat on a long lease and served notices to quit. A sought a declaration that V were licensees and not tenants. Cc served the declaration accordingly. On appeal, the case followed the principles of Street v Mountford , HL see Abstract 34734. The points at issue were: 1) exclusive possession , 2) term and 3) rent. Each occupier was entitled to use the whole of the flat. CA concluded that when the four occupiers were all in occupation of the flat, they had between them exclusive possession; they were entitled to exclude anybody, even A had no right of entry. CA decided that that right to exclusive possession belonged to the occupants as joint tenants . As to term, the period of occupancy of the f
LEASES
LICENCES
CA 21 December 1987. Appeal by occupiers (V) from cc decision in favour of landlords (A). Cc held that the four occupiers were licensees and not tenants of a furnished flat. V occupied the flat under separate agreements with A for different terms at different rents. In 1985 A decided to let the flat on a long lease and served notices to quit. A sought a declaration that V were licensees and not tenants. Cc served the declaration accordingly. On appeal, the case followed the principles of Street v Mountford , HL see Abstract 34734. The points at issue were: 1) exclusive possession , 2) term and 3) rent. Each occupier was entitled to use the whole of the flat. CA concluded that when the four occupiers were all in occupation of the flat, they had between them exclusive possession; they were entitled to exclude anybody, even A had no right of entry. CA decided that that right to exclusive possession belonged to the occupants as joint tenants . As to term, the period of occupancy of the f
LEASES
LICENCES