Lease vs License: Exclusive Possession and Legal Precedents
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Lease vs License: Key Legal Distinctions
Application of Berrisford v Mexfield
However, Berrisford v Mexfield only applies to individual leases and not corporate bodies or commercial leases. As such, it is very clear that the Supreme Court (SC) is trying to save individual, domestic, and residential leases to avoid injustice.
In Southwork Corporation v Walker, the courts looked at the intention of the parties to determine whether they were trying to create a lease or license, which again prevents injustice.
Requirement for Exclusive Possession
Denying Exclusive Possession
The second requirement is that there must be exclusive possession. Mostly, landlords will try to deny the occupiers exclusive possession as it would make them the actual owner of... Continue reading "Lease vs License: Exclusive Possession and Legal Precedents" »