cases such as bruton are quite rare......however, i would add that the courts were reluctant to come to that conclusion and was rather a common-sense decision. The COA thought it to be a licence because otherwise it would result on an assault on the principles of a lease laid down in Street..... btw it wasn't a quite clever way to escape the ambit of a lease ...the london quadrant felt it could not grant a lease from its licence because in doing so it might overstep its boundaries (cannot give what you dont have)........A good case to use however, on why the distinction between lease and license has been blurred
Yes because as Lord Templeman said. You cannot ignore the reality of the situation. If the words in the contract indicate the creation of a licence but the reality of the situation was one of exclusive possession then it would in fact create a lease. The reasoning for this decision was because as Templeman said 'of landlords were simply allowed to contract out a lease, then landlords would simply run coach and horses through the Rent act 1977. Quite simply this set a precident that no one can contract out of taking away someone's statutory rights. This has also been used in Employment law in the case of Autoclenz Ltd v Belcher the workers were deemed employees not self-employed contractors and the Street V Mountford case was used in its reasoning. Employers often say workers are self employed to get out of paying holiday pay and other such legal and financial responsibilities.
GOOD JOB BRO!
cases such as bruton are quite rare......however, i would add that the courts were reluctant to come to that conclusion and was rather a common-sense decision. The COA thought it to be a licence because otherwise it would result on an assault on the principles of a lease laid down in Street..... btw it wasn't a quite clever way to escape the ambit of a lease ...the london quadrant felt it could not grant a lease from its licence because in doing so it might overstep its boundaries (cannot give what you dont have)........A good case to use however, on why the distinction between lease and license has been blurred
haha , youve got exams in may too . Good Luck
Haah ill need it ....same to you !
Thank you for the video? Do you alsp cover periodic tenancies ?
Hi Onisim. Yes, it's part of the comprehensive Masterclass. Have a look: *go.thelawsimplified.com/MasterclassPropertyComplete*
Hi mate, are you still student or graduated? Thanks for the videos
Thanks for the comment Barbarossa. I graduated from the University of London a few years ago.
Street v Mountford was a 180 deg turn from Somma v Hazelhurst.
Yes because as Lord Templeman said. You cannot ignore the reality of the situation. If the words in the contract indicate the creation of a licence but the reality of the situation was one of exclusive possession then it would in fact create a lease.
The reasoning for this decision was because as Templeman said 'of landlords were simply allowed to contract out a lease, then landlords would simply run coach and horses through the Rent act 1977.
Quite simply this set a precident that no one can contract out of taking away someone's statutory rights.
This has also been used in Employment law in the case of Autoclenz Ltd v Belcher the workers were deemed employees not self-employed contractors and the Street V Mountford case was used in its reasoning.
Employers often say workers are self employed to get out of paying holiday pay and other such legal and financial responsibilities.
Is it the same as Landlord and Tenant?
A tenancy and lease is the same thing. Tenancy is now used in replacement of Lease.
Do in hindhi also sir plzzz
I was not aware Kumail nanjiani made a career in Law.
Что он сказал, непонятно
are you the son of walter white??breaking bad