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Old Issues, New Incentives, New Approach? Property Guardians and the Lease/Licence Distinction

Lookup NU author(s): Dr Derek Whayman

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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).


Abstract

This article considers the test for a lease in Street v Mountford [1985] 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 [2018] 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.


Publication metadata

Author(s): Whayman D

Publication type: Article

Publication status: Published

Journal: Conveyancer and Property Lawyer

Year: 2019

Volume: 83

Pages: 47-54

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

URL: https://www.sweetandmaxwell.co.uk


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