000 01943cab a2200193 4500
001 L130072
008 050620n2005 000 0 eng u
035 _a(Sirsi) u130072
041 _aeng
245 _aClear Channel UK Limited v Manchester City Council
260 _c2005
520 _a[2004] EWHC 2873, 25 November 2004. Considers whether an agreement for the erection and use of advertising hoardings had the intention of granting a tenancy of the land on which they were constructed to the company that erected the hoardings. Advertising company (C) sought a declaration that it held tenancies on 14 advertising sites owned by the defendant landlord (M), who counterclaimed that C occupied these sites as a licensee. Draft written agreements, which allowed C licence to enter the sites and erect hoardings on them in return for rent paid to M, were prepared but never signed. M purported to determine C's rights of occupation at the end of the agreement period. C claimed it had tenancies protected by the Landlord and Tenant Act 1954 Part II and submitted that it had factual possession of the sites and was also an annual tenant of the 14th site. "Held": applications refused. Whether C's use of the sites was referable to a tenancy or a licence depended on the substantive rights and obligations conferred and imposed on C. The terms of the agreement made far better sense as licences than tenancies. M had not intended to grant C exclusive possession of the 13 sites. However C's use, maintenance and control of the 14th site for its business amounted to occupation for the purposes of s23 of the 1954 Act.
590 _aIKA210605
650 _aCLEAR CHANNEL UK LTD V MANCHESTER CITY COUNCIL
650 _aLANDLORD AND TENANT ACT 1954 PART II
690 _aPROPERTY-COMMERCIAL PROPERTY
856 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2004/2873.html
_zView the decision free of charge at www.bailii.org...
942 _n0
999 _c75438
_d75438