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Mikeover Ltd v Brady

Language: English Series: New Law Journal ; 139(6422) 8 September 1989, 1194-1196(3)Publication details: 1989Subject(s): Summary: CA 26 May 1989. At issue was whether two tenants of a residential property held a joint tenancy or licence . Two individuals signed identical agreements which allowed them the right of exclusive joint occupation of the flat - each liable for paying a separate deposit and to pay a separate sum in rent. Eventually one of them moved out and B remained in occupation. When B fell into arrears, a possession order was brought against him on the basis that he was only a licensee. B claimed he was a statutory tenant under the Rent Act, and appealed. Held: the tenant was not entitled to a statutory tenancy. For a joint tenancy to exist, there had to be a unity of interest which included a joint and several obligation to pay the entire rent.
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Law report London Journal article ABS41421 (Browse shelf(Opens below)) 1 Available 30043-1001

CA 26 May 1989. At issue was whether two tenants of a residential property held a joint tenancy or licence . Two individuals signed identical agreements which allowed them the right of exclusive joint occupation of the flat - each liable for paying a separate deposit and to pay a separate sum in rent. Eventually one of them moved out and B remained in occupation. When B fell into arrears, a possession order was brought against him on the basis that he was only a licensee. B claimed he was a statutory tenant under the Rent Act, and appealed. Held: the tenant was not entitled to a statutory tenancy. For a joint tenancy to exist, there had to be a unity of interest which included a joint and several obligation to pay the entire rent.