Image from Google Jackets

Nicolaou and Another v Pitt and Another

Language: English Series: Estates Gazette ; (1989) 21 EG 71-73(2)Publication details: 1989Subject(s): Summary: CA 1 February 1989. Appeal by freehold owners (N) of flat, from cc decision in favour of respondents (P) and (A), holding that they had obtained a tenancy of the flat. At issue was whether an agreement for sharing occupation of the flat for a fixed term in consideration of regular payments created a licence or a tenancy. Originally P occupied the flat with two others under an agreement described as a licence. Later the other two left and A moved in. The parties entered into a new contract. This licence, expressly disclaimed the grant of exclusive possession and reserved to N the right to nominate further occupiers; it also declared that no landlord and tenant relationship was intended and that payments should not be regarded as rent . P later left the flat, leaving A to occupy it on his own, and in due course N purported to terminate the licences and sought possession of the premises. Cc judge rejected N`s claim, believing that N did not seriously contemplate introducing anyone else
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS40813 (Browse shelf(Opens below)) 1 Available 26131-1001

CA 1 February 1989. Appeal by freehold owners (N) of flat, from cc decision in favour of respondents (P) and (A), holding that they had obtained a tenancy of the flat. At issue was whether an agreement for sharing occupation of the flat for a fixed term in consideration of regular payments created a licence or a tenancy. Originally P occupied the flat with two others under an agreement described as a licence. Later the other two left and A moved in. The parties entered into a new contract. This licence, expressly disclaimed the grant of exclusive possession and reserved to N the right to nominate further occupiers; it also declared that no landlord and tenant relationship was intended and that payments should not be regarded as rent . P later left the flat, leaving A to occupy it on his own, and in due course N purported to terminate the licences and sought possession of the premises. Cc judge rejected N`s claim, believing that N did not seriously contemplate introducing anyone else