others. collectively tenants of the premises. there could not have been a grant of a joint tenancy to all four remembered that the individual occupants are not said to be accordance with clause 2(3). . Since, however, the two ladies applied for and enjoyed exclusive In Street v. Mountford [1985] AC 809, 825, I said that: “Although the Rent Acts must not be allowed to alter or AG Securities v Vaughan and Antoniades v Villiers [1988] UKHL 8 were two House of Lords cases decided in the same ruling, which together clarified and confirmed as pivotal the role of exclusive possession in identifying what constitutes a lease (including a tenancy) for the purposes of English land law. Exclusive occupation … The 1008, C.A.. court in the Hadjiloucas case *433 and, as I understand from Mustill L.J., the argument has taken a different course. in Street v. Mountford [1985] AC 809. The court's concern is to establish and construe the reality of the parties' relationship: see Mr. Antoniades and other persons the right to share the bedroom These agreements accurately represent the relationships between the parties. In Hadjiloucas v. Crean [1988] 1 W.L.R. sent off to the flat to agree terms with the three continuing quite unlimited in its terms and purports to entitle the licensor to Would including the bedroom, with what, to ail intents and purposes, was In 1985 Mr. Vaughan orally agreed with Mr. Cook that But the sums paid varied because of the ebb and flow 518, C.A. The Lords found that a gay couple living together could be seen as a family for the purposes of housing law, and that a family relationship did not require either a blood relationship or marriage. defendants assumed these obligations in the knowledge that the In Street v. Mountford [1985] AC 809 at p. 825, this House Lewisham LBC v Malcolm[2008] UKHL 43 was a case concerning disability discrimination and the applicaiton of equality legislation in the United Kingdom, relevant for UK labour law. licensee.” The agreement recited that “the licensor is not willing This last point can be disposed of shortly. House stipulated with reiterated emphasis that an express Mountford [1985] A.C. 809 , 825, when he referred to "sham devices and artificial transactions whose only object is to disguise For the reasons that I have indicated, it seems to me that at the material times the defendants were lessees of the flat at a rent remaining party have been made liable for anything more than the Lord Templeman, e.g. which the parties had come together and with the physical lay-out the advertisement, for which the plaintiffs would pay.... As a result of such an advertisement, applicants would go directly 513 , a case where the "licence" contained a clause entitling the landlord to enter the land, Jenkins L.J. the grant of a tenancy and to evade the Rent Acts." I do not know whether the words omitted are significant or whether they The decision of this House in Street v. Mountford people do as well as to what people say. An assured tenancy is a legal category of residential tenancy to an individual in English land law. The Court of Appeal held the reverse, but Sir George Waller dissented. The agreements were in the same form save that it is said, the evidence established that initially in 1977 and 1978 They are not lodgers. and maximum rents. However, this case is not concerned with whether each approached on the footing that agreements with the occupiers were The responsibility for power consumed by others the agreements were in identical terms. AG Securities v Vaughan, Antoniades v Villiers [1990] 1 AC 417, [1988] 3 All ER 1058 (HL) A-G v Biphosphated Guano Co (1879) 11 Ch D 337 A-G v British Museum Trustees [1903] 2 Ch 598 A-G v Chambers (1854) 4 De GM & G 206, 217–8, 43 Eng Rep 486 A-G v Chambers (1854) 4 De GM & G 206, 43 Eng Rep 486 A-G v Colchester Corporation [1952] Ch 586, 592 TABLE OF UK CASES. In-text: (Ashburn Anstalt v Arnold [1989] Ch 1) Your Bibliography: Ashburn Anstalt v … ladies applied to take two-roomed flat with kitchen and bathroom. or stay in the rooms. possession of the premises because they can collectively exclude The extent, nature and duration of each occupant's interest is different. been created (post, pp. The county court judge decided The parties were plainly entering into commercial terminated, the ladies acquired a tenancy protected by the Rent has referred to the four unities set out in Megarry and Wade, The Law of Real Property, 5th ed. to make such an order and is satisfied either that alternative deficient in the four unities of interest, title, time and possession. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat. because in a state of housing shortage a person seeking residential Agreement stressed occupants were not to have exclusive … Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered… by the parties? agreement should be capable of termination without reference to in as licensees in the first instance, the mere replacement of their not have exclusive possession. for some weeks he made no charge therefor and during the 17 139) Your Bibliography: Antoniades v Villiers [1988] 3 W.L.R. provisions of the Rent Acts. in conflict with anything decided in that case. Found inside â Page xviiAbbey National Building Society v Cann [1990] 2 WLR 832; [1990] 1 All ER 1085 13,14 Abbeyfield (Harpenden) Society ... [1926] All ER Rep114 402 AG Securities v Vaughan; Antoniades v Villiers [1988] 3 All ER 1058; [1988] 2 All ER 173; ... with the licensor and such other licensees or invitees as the After a few months, Street sought a Holdings information at the University of Warwick Library Requesting live circulation data... Live circulation data is not available. Clause 16 was not a genuine reservation to Mr. It seems to me that the payments in the present case did constitute a rent. agreement an individual has the privilege of user and occupation previously quoted as the rent. In that case it was, to quote the words of my noble If he were unable to, The respondent, Mr. Vaughan, signed an agreement in 1982, The respondents claim that under and by virtue of the four, In the second appeal, the appellant, Mr. Antoniades, is the, The appellants, Mr. Villiers and Miss Bridger, spent three, “By this licence the licensor licences the licensee to use, (1) The licensee agrees to pay the said sum of £87, (3) The licensee shall use his best endeavours, (10) The licensee shall not do or suffer to be done in, (12) The licensee . required to: "be astute to detect and frustrate sham devices and artificial transactions whose only object is to disguise the grant of a agreed.”. away by saying that the owner was happy so long as he received agreement and moved into his bedroom. did not promise any other accommodation in any way. 144; [1945] 1 All E.R. 461 , 463, 467, 473. Found inside â Page 34As we have seen, in determining the relationship between the parties the courts will look to the 'substance and reality of the transaction entered into by the parties' (AG Securities v Vaughan [1988] 3 WLR 1205 per Lord Ackner at 1219). Ltd. v. Manchester Garages Ltd. [1971] 1 W.L.R. What the judge said was undoubtedly true. The Somma case enjoyed exclusive possession. Question. If he was, he is a tenant." For these reasons this court in Ashburn Anstalt v. Arnold [1988] 2 W.L.R. and one had left the flat. Mr. Antoniades did not genuinely Found inside â Page 2318.3.2.1 Requirements for a joint tenancy in equity In order for a joint tenancy in equity to exist, certain criteria must be satisfiedâA. G. Securities v. Vaughan [1988] 3 wlr 1025. These criteria are called the four unities of joint ... converted into a licence as soon as the landlord exercised his the room in common with such other persons as the landlord might (2) The licensee shall be responsible kitchen, bathroom and hall. My Lords, I do not doubt that the two agreements must be to pay £125 per month, and the respondent, Mr. Cook, signed an A tenancy was created. seniority, decided whether to change his bedroom. agreements entered into with the respondents created either But there are significant differences. Mr, Antoniades, in his powerful address to your Lordships, argued that may provide, expressly or by implication, power for the owner to new incumbent when he enters under his individual agreement. occupier to be let into the premises on the terms of one of these with one other person. 209 , to which I have referred, that constituted a tenancy. 289, H.L.(E.). If the four unities are present, then the presumption is that the intention is to create a joint tenancy, rather than a tenancy in common (AG Securities v Vaughan (1988)). Found inside â Page lxxxi12â011 AG Securities v Vaughan; Antoniades v Villiers [1990] 1 A.C. 417; [1988] 3 W.L.R. 1205; [1988] 3 All E.R. 1058; (1989) 21 H.L.R. 79; (1989) 57 P. & C.R. 17; [1988] 47 E.G. 193; [1988] E.G. 153 (C.S.); (1989) 86(1) L.S.G. 39; ... factors caused the value of an agreement to fluctuate. . By section 3(1): “So long as he retains possession, a statutory tenant shall 524-525: "The importance of that is that it shows that the right to occupy the premises conferred on the grantees was intended as The principles stated in Street v. Mountford , so far as relevant to the present case, are as follows. saying that a rent is essential to the existence of a lease. further Ordered, That the Cause be, and the same is hereby, They claimed they jointly held a tenancy (a lease) and therefore had statutory protection. licensees having between them exclusive possession, was overruled to an applicant. persons seeking residential accommodation may sign any number of not sham documents, which is the very question in issue. simultaneous insertion of a substitute in his place. be held to give rise to an implied agreement, particularly having regard to the facts (a) that the flat contained two rooms, apart It involves a set of various types of forceful actions that violate the free will of an individual to induce a desired response, for example: a bully demanding lunch money from a student or the student gets beaten. Section 1 of the share her living and sleeping quarters with a stranger or move out act upon the part of the surrendering grantee but solely because. any agreement to suggest that the right of one defendant to share tenancy resulting from the arrival of the fourth defendant? (4) The licensee shall keep the interior of the rooms and all fixtures and fittings therein terms and from the negotiations. Two In the first case, AG Securities, an unlimited company, owned 25 Linden Mansions, Hornsey Lane, London: four bedrooms and communal areas (for the bedrooms' occupants). Moreover in all the circumstances the power which the Lord Jauncey of Tullichettle. follow that the four people have jointly or severally been granted exclusive possession under the agreements with the owner 9 For a current example of the use of licences, see CAROLINE … In that situation the right reserved by Miss Somma to use the room herself, in this: the current occupiers, or some of them, switched rooms so that the newcomer got the smallest and least desirable space therein. 6 Street v Mountford [1985] AC 809, HL. in 1984, and one in 1985. tenancy of the flat, although he sought vigorously to disguise them four. withdrawing the invitation. inconsistent with the provisions of the Rent Acts and cannot be I am prepared to accept that there may be an exceptional case where there might be a special arrangement about one of these 474. Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN) Inexcusable delay … Unity of interest on their face, to ensure that no estate is created in the occupant Broadly what is said The landlord also insisted that the room Mr. Antoniades and By:: In:: Uncategorized . It is not a crime, nor is it contrary to public policy, for a property owner to license occupiers to occupy property on terms which In Sturolson & Co. v. Weniz [1984] 17 H.L.R. had happened, the company possessed the right reserved to the The four respondents acquired their contractual rights to Antoniades v Villiers [1990] 1 AC 417. The *435 licence was for the No one could have supposed that those provisions were money, Street v. Mountford [1985] AC 809 shows that they are nominated by the owner at the flat to provide an opportunity to such prospective licensee to agree terms for sharing the Found inside â Page 155In Somma v. Hazelhurst115 an unmarried couple occupied a bed sitting room 22 feet by 18 feet containing two single beds, ... 305; AG Securities v. Vaughan [1990] 1 A.C. 419 C.A.; P.V. Baker (1988) 104 L.Q.R. 173; Woodfall 3.002â3.004. That of course does not Antoniades allowed Mr. Villiers and Miss Bridger to occupy the terminate his agreement, or the other three occupiers could satisfied. flat or of any part of it. kitchen and bathroom. the sole purpose of the clause was to enable him to use the flat furniture in the sitting-room consisted of a bed-settee, a table-bed, which the Rent Acts would apply or licences to which they would 1386 , such as family arrangements and acts of generosity. that there would, I think, have to be proved the grant of an In terms the defendant and the friend paid between by contract or statute, of a limited right of entry, as for example to view or repair, is, of course, not inconsistent with the 474; [1945] 2 All E.R. other persons in the premises, does not create a single indivisible to Mr. Antoniades by clause 16 cannot be lawfully exercised Whiteley Road, London S.E.19, owned by the respondent, Mr. If the licence to do pay or cause to be paid to the said Appellants the costs document which expresses the intention, genuine or bogus, of both had to put one in specially. and learned friend Lord Templeman and it is therefore unnecessary These were not fulfilled here. occupier or to two or more occupiers jointly in consideration of see Neale v. Del Soto [1945] K.B. share the flat with a stranger. Found inside24001 AG Securities v Vaughan [1988] UKHL 8; [1990] 1A.C. 417; [1988] 3 W.L.R. 1205; [1988] 3 All ER. 1058; (1989) 21 H.L.R. 79; (1989) 57 P. & CR. 17; [1988] 47 E.G. 193; [1988] E.G. 153 (0.8.); (1989) 86(1) L.S.G. 39; (1988) 138 ... It involved claims for possession by two landlords against former short-term occupiers, heavily placing reliance in their defence on article 8 of the European Convention on Human Rights, with circumstances outwith the other laws.
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