lord templeman street v mountford

Nor was there any other relationship between the parties to which Mr. Bruton's exclusive possession could be referable. Street v Mountford [1985] 2 WLR 877 House of Lords. Lord Templeman memorably stated that “a five pronged implement for manual digging is a “fork”, whatever the manufacturer chooses to call it”. Street v Mountford. In this case the Trust granted exclusive possession to the appellant, a fact which is fortified rather than detracted from by the reservation of rights of access by the Trust and the council for limited purposes ( Street v. Mountford, Lord Templeman at p. 818). It is well-settled after Street v Mountford that a ‘lease’, as distinguished from a ‘license’, confers (1) a right to exclusive possession (2) for a definite period (Street, 818). Street v. Mountford 1985 House of Lords. Mr Street, by an agreement which stated that it was a licence, granted Mrs Mountford the right to occupy rooms 5 & 6 of the property 5 St Clements Gardens in Boscombe for a rent of 37.00 per week. In Street v Mountford Lord Templeman appears to say rent is nessecary, however section 205(1)(xxvii) of the Law on Property Act 1925 talks about a term of years ‘whether or not at a rent’. On the other hand the House ofLords can take as little as two months. Found inside – Page 357In Abbeyfield (Harpenden) Society Ltd v Woods (1968) the occupier of a room in an old people's home did not have a lease because meals were provided and there was a resident housekeeper. In Street v Mountford (1985) Lord Templeman ... Exclusive possession is the most contentious and complex requirement for a lease. These criteria are the litmus test for the existence of a lease. a lease), or only a licence. Mrs. Mountford enjoyed freedom to contract or not to contract and both parties exercised that freedom by contracting on the terms set forth in the written agreement and on no other terms. This has come to form the classic and widely-used definition of a lease. Lord Templeman’s judgment in Street v Mountford ([1985] A.C. 809) was an authoritative restatement of the defining characteristics of a lease.It provided clarity as to the factors that distinguish the lease from the contractual licence. This item is part of a JSTOR Collection. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Frequency: It set out principles to determine whether someone who occupied a property had a tenancy (i.e. It is vital that both employers and employees/contractors are sure of the latter’s status and the implications that flow from this. 0. reply. Used to tailor your subscription and for monitoring purposes. John-Paul Hinojosa expands upon this, identifying twin indicia of ‘assignability of benefit’ and ‘enforceability of burden’ that underpin this. And, this was the time taken by the Housein Street v. If you need advice on how the courts would interpret a situation and hence your obligations and exposure as an employer or employee then please do contact the experienced employment lawyers at Hanne & Co Solicitors on tel: 020 7228 0017 or by email to info@hanne.co.uk, © 2021 Hanne & Co Solicitors LLP. However, he then cites Lord Denning on the same case, who states “If exclusive possession at a rent for a term does not constitute a tenancy then the distinction between a contractua… This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Found inside – Page 33510.3.4.4 Other relationships Although Lord Templeman, in Street v. Mountford, accepted that the grant of exclusive possession was one of the hallmarks of a lease, he accepted also that situations could exist where exclusive possession ... Such considerations are relevant to the determination of exclusive possession; in Street v Mountford, Lord Templeman highlighted the need to look at the substance rather than the form of the agreement to determine whether or not exclusive possession had been granted to the occupier. It set out principles to determine whether someone who occupied a property had a tenancy (i.e. This was famously summarised by Lord Templeman in a case called Street v Mountford: "[t]he manufacturer of a five pronged implement for manual digging results in a fork even if the manufacturer…insists that he intended to make and has made a spade." In Street v Mountford Lord Templeman was reluctant to provide a definition of the term as he did not believe it to be relevant to the outcome of the case. Lord Scarman, Lord Keith of Kinkel, Lord Bridge of Harwich, Lord Brightman and Lord Templeman. Therefore, in his view, “propertiness” is a concept reflected in a ‘continuum along which varying kinds of “property” status may shade finely into each other’. Street v Mountford [1985] A.C. 809 . This case has now been regarded as having marked a ‘sea-change’ in land law. View Law paper.edited (1).docx from LAW MISC at University of Nairobi. This is based on the idea of relatively of title. STREET V MOUNTFORD THE LEGACY OF STREET v MOUNTFORD On 2 May 1.985 Lord Templeman delivered the judgment of the House of Lords in Street v Mountford. The first being, the grant of exclusive possession, secondly, for a certain term, and finally, at a rent. The terms … Le Cuona v Big Apple Marketing Limited [2017] Chancery Division As a preliminary point, this case provides a helpful reminder that a fork is a fork even if the manufacturer insists that it is a spade - which is a crude paraphrasing of part of Lord Templeman’s famous judgment in … Your occupation / Career stage is used to tailor your subscription and for readership monitoring. The doctrine prior toStreet was laid out in several cases and in particular by Lord Denning. The often recited requirements of lease come from Lord Templeman’s judgment in Street v Mountford [1985]: exclusive possession for a term at a rent. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Found inside – Page 543... by a housekeeper and provided with clean linen weekly were held to be licensees, though that decision may have been weakened by Street v. Mountford.413 Specifically approved by Lord Templeman was Abbeyfield (Harpenden) Society v. they were told what to do and when to do it, made them employees. Found inside – Page 146In Street v Mountford [1985] AC 809, Lord Templeman said that wherever exclusive possession of premises is granted for a term at a rent, prima facie a lease will be created. He warned that judges must be wary of 'sham' agreements, ... a lease), or only a licence. This is a question posed in the House of Lords in a very famous housing case (Street –v- Mountford) in 1985. This article disagrees, and contends that the law of leases and licences has remained unchanged. Abstract. Found inside – Page 150When Street v. Mountford reached the House of Lords, Lord Templeman reaffirmed three essential indicia of a tenancy,63 that is (1) a grant of exclusive possession (2) for a term (3) at a rent. Most fundamental is the first of these ... When we then ask which rights these may be, we are told that they compromise, of course, the rights which are traditionally identified as ‘proprietary’. They tried to evict him but he said that he had a licence. Found inside – Page 161As Lord Templeman confirmed in Street v Mountford (1985), the tenant is, in reality, owner pro tempore, and is entitled to 'keep out strangers and keep out the landlord unless the landlord is exercising limited rights reserved to him by ... Street v Mountford. Throughout his speech in Street v. Mountford Lord Templeman stressed that exclusive possession is a prerequisite of a tenancy, rather than a consequence. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Here, Millet LJ had argued that: If the grantor has no power to exclude the true owner from possession, he has no power to grant a legal right to exclusive possession and his grant cannot take effect as a tenancy. The fact that leases can still be granted where the landlord does not have ‘Absolute Title’ and instead possesses only ‘Good Leasehold Title’ shows that the concerns raised by Michael Lower appear to be overstated. Lord Scarman, Lord Keith of Kinkel, Lord Bridge of Harwich, Lord Brightman, Lord Templeman. Within the case, Lord Templeman enlisted three key ingredients of a lease. Malaya Law Review Per Lord Templeman in Street v Mountford, supra at p.818; Per Lord Hoffmann in Bruton v London & … Found inside – Page 292Lord Templeman in Street v Mountford.1 In that case, his Lordship reasoned that, 'the traditional distinction between a tenancy and a licence of land [lies] in the grant of land for a term at a rent with exclusive possession'.2 In other ... As the requirement of rent is not present in the official definition of a lease in s 205(1)(xxvii) LPA 1925, it is not a requirement of a lease, so can be usually disregarded. Rather than being about whether an agreement was a licence or a lease, the question in Dutton was, as Chadwick LJ observed, simply: [W]hether a person who has a right to occupy under a licence but who does not have any right to exclusive possession can maintain an action to recover possession. For terms and use, please refer to our Terms and Conditions Module Title: Land Law Explain the circumstances that lead Lord Templeman to make this comment, the principles established in this case and how the law has developed subsequently. Street v Mountford Revisited. Law prior to Street v Mountford In the case of Lynes v Snaith [1989] 1 QB 486 that courts decided that the fact that the defendant had exclusive possession of the property concerned, was indicative of the presence of a lease and not merely a licence. With a personal account, you can read up to 100 articles each month for free. The decision of the House of Lords in Street v Mountford [1985] ... Lord Templeman emphasised the importance of exclusive possession as a key characteristic which sets a lease apart from a licence. Street v Mountford [1985] UKHL 4 is an English land law case from the House of Lords. Found inside – Page 165DISCUSSION Despite the objective test set out by Lord Templeman in Street v Mountford [1985] being welcomed by many as a way of combating 'sham' agreements disguising leases as licences, there are a number of possible criticisms. May 2, 1985. That the matter is one of fact is to be derived from the speech of Lord Templeman in Street v Mountford at p 826H and from the judgment of O'Connor LJ in Brooker Settled Estates Ltd v Ayers (1987) 19 HLR 246 at p 252 and of Purchas and Mustill LJJ in Hadjiloucas v Crean at pp 930 and 932. So the lesson to be learned is that the most important thing in a relationship between employer and employee is what happens in reality and not necessarily a cleverly constructed contract that seeks to preclude their status as employees. Laws LJ, with whom Kennedy LJ agreed, relied on the idea of relatively of title when he concluded that the possession order should be granted on the basis that Manchester Airport had a more superior claim to possession than the trespassers. This case has now been regarded as having marked a ‘sea-change’ in land law. First, there must be sole ownership. Lord Templeman’s judgment in Street v Mountford ([1985] A.C. 809) was an authoritative restatement of the defining characteristics of a lease. It has been shown that – when a non-conventional understanding of property is adopted – the Bruton decision has not changed the law that a lease may, and usually does, create a proprietary interest. Basic Concepts: Lease and License Distinction. Judgment delivered 2 May 1985. Sunday, March 31, 2019. This mattered for the purpose of statutory tenant rights to a reasonable rent, and had a wider significance as a lease had "proprietary" status and would bind third parties. Street v Mountford (1985) Over Ruled Somma v Hazlehurst (1978) Lease Licence Distinction Mr Street, by an agreement which stated that it was a licence, granted Mrs Mountford the right to occupy rooms 5 & 6 of the property 5 for a rent of 37.00 per week. Found inside – Page 95In general terms, the distinction between a lease and a licence was summarised by Lord Templeman in Street v Mountford (1985). A lease exists where an occupier has been granted exclusive possession of the property, for a term, ... [7] However, Lord Templeman confirmed that the consideration of exclusive possession was necessary and conclusive. This approach has been advocated by Kevin Gray, who defines control over access as ‘a power-relation constituted by legally sanctioned, control over access to the benefits of excludable resources’. Found inside – Page 7However, the speech of Lord Templeman in Street v. Mountford clearly recognises that there will be some instances where this will still not apply. These are where the occupation of premises by someone is referable to legal relations ... gave careful consideration to whether any exceptional ground existed for making an exception to the principle in " Street v Mountford" [ 1985 ] A .C . This case has now been admired as accepting apparent a ‘sea-change’ in acreage law. Found inside – Page 198... Street v Mountford ( 1985 ) , overruling Somma v Hazlehurst ( 1978 ) . However , Lord Templeman in Street also accepted there are certain exceptional situations where the occupier of land may have exclusive possession of the ... Another Street v Mountford precedent. Copyright © 2013 - 2021 Keep Calm Talk Law Ltd.. All Rights Reserved. Despite this, the Court of Appeal in Dutton granted the possession order to Manchester Airport. Street v Mountford was a case about a Mr Street who granted Mrs Mountford a right to occupy two rooms in his building. Found inside – Page 692Street v Mountford The decision in Street v Mountford52 can also be looked at through the lens of anti-avoidance. ... (London) Ltd v Millennium Productions Ltd.54 The device was finally scotched by Lord Templeman in Street v Mountford. He may be… an … The most important, but also the most troublesome, of the three elements identified in the statement by Lord Templeman in relation to the creation of a lease is exclusive possession. Indeed, he observes two important facts that suggested B had sufficient ‘control over access’: Michael Lower worries that this notion of property existing as a continuum is too imprecise a tool to produce a rational ordering of the law. The licences were not ‘stand-alone’ arrangements but formed part of a bigger picture. cit. 0. reply. a lease), or only a licence. The grant of exclusion possession correct incorrect. R ead Street v Mountford (1985) AC 809 (Lor d T empleman’s judgement) and answer the following ques tions: Mrs. Manford occupying part of a house and pa ying money to Mr. str eet, he was a solicitor and ther efore knew the law a nd didn’t want her to be a. As a result, the non-conventional view of property can explain how Dutton upholds the distinction between contractual licences and leases: given that there was an absence of ‘exclusive possession’ that would ensure D could maintain ‘control over access’, the right granted to Manchester Airport in Dutton would be on a lower rung in the property continuum than the right upheld in Bruton. If a lease agreement grants exclusive possession, the parties cannot insist that it is a licence. Found insideApplication: Use this case to illustrate what will constitute exclusive possession under Street v Mountford [1985]. ... Lord Templeman, Street v Mountford [1985] Case precedent–Antoniades v Villliers [1990] 1 AC 417 Facts: A. Prior Street v Mountford, the element of exclusive possession was not a necessary requirement to be considered. However, this seems to overlook that, in reality, it is also relatively difficult to be certain that the proprietary interest in a conventional leasehold is good against the entire world. They were in reality obliged to provide their services themselves (albeit that there was a substitution clause in the contract) and this coupled with another accepted test of employment that of control, i.e. Found inside – Page 163... distinct from a tenant) if the owner of premises provides attendance or services 'which require the landlord or his servants to exercise unrestricted access to and use of the premises' (Street v Mountford (1985) per Lord Templeman). It has been criticised for contradicting the principle of nemo dat quod non habet – the idea that ‘no one can give what he does not have’. House of Lords. This brief casenote explains the guidance as to the defining characteristics of the lease given by the House of Lords in Street v. Mountford. In Street itself, this mattered because of the protection afforded to tenants (but not to licensees) by the Rent Acts. ⇒ Lord Templeman in Street v Mountford [1985] said the court should "be astute to detect and frustrate sham devices" designed to avoid granting tenancy and to evade the Rent Acts. However notwithstanding the rather unusual facts, the analysis and explanation of the relevant law makes Watts v Stewart a useful ‘cut out and keep’ guide for landlord and tenant lawyers on the lease/licence distinction. [2008] BTC 7094. 06:0007:0008:0009:0010:0011:0012:0013:0014:0015:0016:0017:0018:0019:0020:0021:0022:00. As Nicholas Roberts argues: Even a title which could be deduced back to a grant from the Crown might have been lost in the meantime to an adverse possessor. Please Select a lease), or only a licence. Summary: An owner of a house granted a lady the right to occupy furnished rooms for £37 per week. Decision of the House of Lords in Street V Mountford Antoniades v Villiers, AG Securities v Vaughan [1990] 1 A.C. 417 . Our law notes … The most important, but also the most troublesome, of the three elements identified in the statement by Lord Templeman in relation to the creation of a lease is exclusive possession. For example, he cites Marchant v Charters and states that the case is “sustainable on the grounds that the occupier was a lodger and did not enjoy exclusive possession”. So, provided that the title to the leasehold estate itself is satisfactory, [the Land Registry] will grant good leasehold title. However, despite all the written evidence and the fact that the Tribunal had held that these people had entered into a contract with their eyes wide open, the Supreme Court held that the reality of the relationship trumped any written contract. Notably, Northern Irish courts tend to regard the parties implied or express intentions as determining the existence of a lease based on Section 3 of Deasy’s Act (NIHE v McCann … LORD SCARMAN. They had therefore entered and remained on the land without a licence or consent. You can tailor your subscription on activation. This case has now been regarded as having marked a ‘sea-change’ in land law. Before the National Trust granted Manchester Airport the licence to enter and occupy its land, Lee Dutton (D) and a number of other individuals camped on the land in protest. Lord Templeman in Street v Mountford [1985] AC 809, HL "My Lords, there is no doubt that the traditional distinction between a tenancy and a licence of land lay in the grant of land for a term at a rent with exclusive possession." The views expressed by our authors do not necessarily reflect the views of Keep Calm Talk Law Ltd. Even though the local authority held a superior title, this did not necessarily mean Mr Bruton had no exclusive possession of the property. The agreement described itself as a licence and the payment was described as a licence fee. The House of Lords (Lord Templeman giving the main judgment) held that Mrs. Mountford was a tenant since the agreement provided for her to have exclusive possession for a term and at a rent. Lord Templeman explained the essential elements of a lease: Lord Brightman Lord Templeman: Keywords; Leases; licenses: Street v Mountford [1985] UKHL 4 is an English land law case from the House of Lords. Found inside – Page 12points that can be extracted from Lord Templeman's opinion, which was the only substantive one given, ... In Street v Mountford Lord Templeman contrasted the tenant with a lodger, who does not have exclusive possession of any part of ... Nevertheless, he did set out the steps that a court should adopt whenever the matter falls to be considered. Found insideAccording to Lord Templeman, there is no difficulty in deciding whether the grant of residential accommodation confers exclusive possession. There was certainly no such difficulty in Street v Mountford itself, for the simple reason that ... Request Permissions, Published By: National University of Singapore (Faculty of Law), Read Online (Free) relies on page scans, which are not currently available to screen readers. It provided clarity as to the factors that distinguish the lease from the contractual licence. The Order was made on an application made by Mr Street under Section 51A of the County Courts Act 1959 asking the Court to determine whether the occupancy of the respondent, Mrs Wendy Mountford, under a so-called Licence Agreement dated 7th March 1983 of the second-floor premises known as Rooms 5/6, 5 St. Clements Gardens, Boscombe, Bournemouth, of which Mr Street is the owner, is a … Found insideproposition in Street v Mountford “if exclusive possession at a rent for a term does not constitute a tenancy then the ... We are saying only that we do not think that Lord Templeman was stating the quite different proposition that you ... However, subsequent cases like Bruton v London & Quadrant Housing Trust [1999] and Dutton v Manchester Airport Plc [1999] seem to have expanded the scope of Street v Mountford [1985] and its exceptions, such that contractual licences are now treated as leases. The landmark case in determining whether a tenancy exists is that of Street V Mountford, [1985] UKHL 4, with Lord Templeman stating: “…there is no doubt that the traditional distinction between a tenancy and a license of land lay in the grant of land for a term at a rent with exclusive possession”. However, the circularity of this definition has been the subject of heavy criticism from Kevin Gray, who has pointed out that: If naively we ask which rights are proprietary, we are told that they are those rights which are assignable to and enforceable against third parties. Lord Templeman said: ‘My Lords, Mr. Street enjoyed freedom to offer Mrs. Mountford the right to occupy rooms in the agreement on such lawful terms as Mr. Street pleased. Enter you email address below to subscribe to free customisable article notifications. Found inside – Page 409Charters [1977] 1 W.L.R. 1181, both of which have to be read in the light of Lord Templeman's speech in Street v. Mountford. 59 [1999] 3 E.G.L.R. 153 at 155. 60 [1990] 1 W.L.R. 766. 61 Ibid., at 773 per Leasehold Estates 409. Email notifications when new articles are published. Found insideAs Lord Templeman said in Street v. Mountford ... such an express reservation 'only serves to emphasise the fact that the grantee is entitled to exclusive possession and is a tenant' (at 413–14). The principle in Street v Mountford, ... The Supreme Court came to very similar view as to the Lord Templeman 26 years ago. That the matter is one of fact is to be derived from the speech of Lord Templeman in Street v Mountford at p 826H and from the judgment of O'Connor LJ in Brooker Settled Estates Ltd v Ayers (1987) 19 HLR 246 at p 252 and of Purchas and Mustill LJJ in Hadjiloucas v Crean at pp 930 and 932. The decision of the House of Lords in Bruton was highly controversial. As Lord Templeman said in Street v Mountford [1985] A.C. 809, 818, such an express reservation "only serves to emphasise the fact that the grantee is entitled to exclusive possession and is a tenant." Found inside – Page cccxxxvIn Street v Mountford the House of Lords strongly disapproved of this case saying that both agreements were a sham:69 Although the Rent ... and “artificial transactions”': AG Securities v Vaughan [1990] 1 AC 417, 462 (Lord Templeman). Street v. Mountford. Found inside – Page 195This point is important because some confusion between the two phrases has arisen from their use by Lord Templeman in Street v Mountford and AG Securities v Vaughan. In his judgment in Street v Mountford, he referred throughout to ... The House of Lords, in the landmark case of Street v Mountford [1985], held that if ‘residential accommodation is granted for a term at a rent with exclusive possession… the grant is a tenancy’. For example, in disputes concerning numerous occupants possessing contractual licences, the courts would only be able to achieve just results by abandoning the ‘first-in-time’ principle that is typically applied. In Street v Mountford Lord Templeman said that the test for whether an agreement creates a lease is to ask whether it: (a) gives the occupier exclusive possession of the property; and (b) does so for a certain term.

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