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Alan is the registered proprietor of a fee simple estate comprising a commercial building. The building consists of a number of small retail areas, which
Alan is the registered proprietor of a fee simple estate comprising a commercial building. The building consists of a number of small retail areas, which can be secured by shutters and padlocks. Alan enters into agreements with a number of persons concerning the use of these areas. Each agreement contains inter alia the following terms: (a) 'The owner (Alan) agrees to allow the occupant to use the area described in Schedule 1 for the monthly fee described in Schedule 2 (b) The agreement shall operate for a period of 3 months, and thereafter month by month, and it may be determined after the initial 3 month period by either party giving 1 month's written notice to the other (c) The occupant is to keep the area occupied in good order and condition and repair any damage caused during the occupation (d) The occupant shall permit the owner to enter and inspect the area provided at least 24 hours prior notice is given, except in special circumstances (e) Nothing in the agreement shall be construed as granting or shall be deemed to grant to the occupant any estate or interest in the area occupied and except as to the rights contained in the agreement, the area remains in the possession and control of the owner (f) The rights given by this agreement are personal to the occupier and may not be assigned or transferred'. Each agreement is titled 'Licence Agreement'. With reference to legal authority, discuss whether the agreements should be construed as a lease or
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