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Street v Mountford

[1986] Conv 39

Case summary last updated at 09/01/2020 14:09 by the Oxbridge Notes in-house law team.

Judgement for the case Street v Mountford

D granted P a right to exclusively occupy a house at a weekly rent, terminable on 14 days notice, and which purported to be a licence. HL held that where, as here, residential accommodation had been granted for a term at a rent with exclusive possession, the grantor providing neither attendance nor services, the legal consequence was the creation of a tenancy. This is regardless of incorrect labelling. 
 
Lord Templeman: Unrestricted access of the landlord or his servants to the property means that the occupier will be a lodger, and not a tenant, since there is no exclusive possession. 

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