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An equivocal approach

By: Contributor(s): Language: English Series: Estates Gazette ; (0612) 25 March 2006, 217(1)Publication details: 2006Subject(s): Summary: Looks at the differences between a lease and a licence in the light of the comments in "Clear Channel UK Ltd v Manchester City Council" ([2005] EWCA Civ 1304, not reported), specifically whether parties of equal bargaining power and with the benefit of legal advice can bind themselves to an agreement that creates a licence rather than a lease simply by including an unequivocal clause to that effect. Examines the limits to this approach, and concludes that it is not an alternative to contracting out of the Landlord and Tenant Act 1954.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L132966 (Browse shelf(Opens below)) 1 Available 132966-1001

Looks at the differences between a lease and a licence in the light of the comments in "Clear Channel UK Ltd v Manchester City Council" ([2005] EWCA Civ 1304, not reported), specifically whether parties of equal bargaining power and with the benefit of legal advice can bind themselves to an agreement that creates a licence rather than a lease simply by including an unequivocal clause to that effect. Examines the limits to this approach, and concludes that it is not an alternative to contracting out of the Landlord and Tenant Act 1954.