000 01563cab a2200193 4500
001 ABS37712
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u6366
041 _aeng
245 _aBrooker Settled Estates Ltd v Ayres
260 _c1987
350 _a0
490 _aEstates Gazette
_v282(6330) 18 April 1987, 325-326(2)
520 _aThis case concerned the question of whether the occupier of a flat was a tenant or a licensee . The owners appealed against a decision in the county court, which held the occupier to be a tenant; claiming the respondent was a licensee under the terms of a written agreement; that she had broken the terms of the licence and therefore, they were entitled to possession . The respondent pleaded that she occupied the flat under the terms of an oral agreement, and was a tenant protected by the Rent Acts . The county court had considered Street v Mountford in arriving at his decision, and concluded there was no evidence that attendance or services were provided and, referring to the definition of lodger and tenant in that case, the occupier must have had exclusive use of the room, which, therefore, made her a tenant. The CA held that the county court had erred. In Street v Mountford, it was conceded that Mrs Mountford was entitled to exclusive possession but in this case, the matter was not
650 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c3832
_d3832