Question
i am having truoble with facts of this problem scenario and whether is consitutes exclusive possesion or is a sham agreement like in Aslan v
i am having truoble with facts of this problem scenario and whether is consitutes exclusive possesion or is a sham agreement like in Aslan v Murphy [1990] 1 W.L.R. 766 and other cases.
the question (below) states that the couple have been given one room to occupy in a house.
- does this mean that they dont have full possesion of the house as if more than one person has the right to possess the property, there cannot be a lease. so other people living in the other rooms potentially.
- also they are a couple and have the exact same agreements, which means that could quailify as joint tenants, however what affect does this have with them still only having possesion over 1/5 of the house
- how do i bring Birks topic of formaility into answering the question
- do i need to mention equitable rights in the answer
- overall also, do you think it is a licence or a lease, as i am leaning towards a licence, unless they can prove that it was a sham, but need help with determining this
David Ward has agreed to allow Lesley Davies and her girlfriend Viv Orme to occupy a room in a house (Bleak House) that has been divided up into five similar rooms. Each room is a bed-sit type arrangement with its own sink, cooker and other amenities. Lesley and Viv each sign separate agreements (that are identical save for their respective names). The two agreements are entitled, 'Bleak House - Licence Agreement.' The 'Bleak House - Licence Agreement' contains a number of clauses. These include the following: 'a. This agreement in no way confers exclusive possession. The agreement is not a lease. b. The Licensee is permitted to occupy Room 3A of Bleak House by the Licensor. The right to occupy isto be terminable on one month's notice by either party. c. The licence fee is 60.00 a week. This must be paid in advance. d. The Licensor reserves the right, at any time, to move the Licensee to another room in Bleak House. e. The Licensee is not permitted to use the room (Room 3A) between 12 noon and 2pm on weekdays.' Please advise Lesley Davies and Viv Orme on whether their respective agreements give rise to a lease or a licence."
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