Key Requirements for a Valid Lease in UK Property Law
Exclusive Possession and the Bruton Tenancy
In the case of Bruton v London and Quadrant Housing Trust, a non-proprietary lease was granted based on exclusive possession, even though the landlord did not have a legal estate in the land and was only a licensee. Martin Dixon, in his evaluation of Bruton, stated that a non-proprietary lease based on exclusive possession is actually a licence. However, the House of Lords was trying to protect the occupiers under a lease, therefore establishing this concept.
Nonetheless, despite having exclusive possession, many still do not acquire a lease in situations such as:
- Family circumstances, due to the absence of an intention to create legal relations.
- Employees who only have exclusive possession as a requirement