ECON-1006EL Study Guide - Quiz Guide: Bedsit
27 Oct 2020
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If these are present then it"s a licence: absence of intention to create legal relations. Cobb v lane (1952: brother and sister, brother occupied, sister owned, he claimed he had a lease, court held that because of their family relation there was no intention to create legal relations. Provisions in agreements may include the existence of exclusive possession. The courts must be astute to detect and frustrate sham devices and artificial transactions whose only object is to disguise the grant of a tenancy and evade the rent acts": street v mountford (1985) Court will look to see if the clauses are genuine. If the owner is allowed to occupy then there is no exclusive possession so it"s not a lease. The right for the owner to occupy or introduce others to do so: antoniades v villiers (1990) 4 bedroom flat, 4 separate licence agreements, initially strangers to each other, each had their own bedroom but shared kitchen and bathroom.
