Lookup NU author(s): Dr Derek Whayman
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).
This article considers the test for a lease in Street v Mountford  A.C. 809 (HL) and how it has been interpreted in the novel situation of property guardians. One guardian case, Camelot Guardian Management Ltd v Khoo  EWHC 2296 (QB), suggests a shift away from Street towards greater respect for freedom of contract and a greater readiness to find only a licence. There is a lack of consistency and the opposite is seen in Camelot Property Management Ltd v Roynon (24 February 2017, Bristol County Court). This article also examines how the test could be adjusted to reduce the strain in the law and incentivise better practice by landlords.
Author(s): Whayman D
Publication type: Article
Publication status: Published
Journal: Conveyancer and Property Lawyer
Online publication date: 15/03/2019
Acceptance date: 05/03/2019
Date deposited: 05/03/2019
ISSN (print): 0010-8200
ISSN (electronic): 0010-8200
Publisher: Sweet & Maxwell