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Essay / Research Paper Abstract
This 6 page paper looks at UK and considers the differences between a licence to occupancy and a tenancy created by a lease. The paper looks at hw the courts would determine the difference and illustrates this with the used of numerous fully cited cases. The bibliography cites 3 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEleaselicence.rtf
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Unformatted sample text from the term paper:
was assumed that the difference between a licence and a tenancy created by a lease and a licence was that under a lease there would be the exclusive possession of
the subject of the lease whereas in a licence this was not the case (Wilke and Cole, 2000). However, it is not recognised that this is not the only distinction
between a lease and a licence (Wilkinson, 2001). The Rents Act give protection only in respect of rent control and tenure only to tenants. Where there is a lease, the
majority of these will, when the initial lease ends it create a statutory tenancy and the land lord would only be able to terminate the agreement with certain conditions. Even
in death if there were other members of the family living with the tenant they may be able to take over the lease.
The protection has been seen as potentially onerous, and as such explains why many landlord have been keen to have the agreements they have created to be classes as
licences rather than leases (Wilkinson, 2001). There have also been times when the evidence may appear to indicate that an agreement was a lease, but the courts have chosen to
interpret it as a licence in order to prevent an onerous duty or hardship to be placed in the landlord (Wilke and Cole, 2000). This indicates that there is a
very blurred difference between a lease and a licence. We can look at the different aspect to determine what is a lease and what is a licence and then
apply them to a case. One of the first aspects to consider is if there is exclusive possession. When looking at exclusive possession this means that the tenant has the
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