Judicial Decisions Essay Example | Topics and Well Written Essays - 3000 words

Judicial Decisions - Essay Example In addition to this there seems to be differing schemes protecting both the landlord and the tenants found in the distinction of the equitable and legal leases. The distinction becomes extremely important as if an interest in land is found to be a lease then one is protected by the Rent Acts, while the licence seems to encompass only limited rights as according to the terms of the arrangement between the parties with minimal state intervention. It is one of the fundamental themes in accepting what a lease is that the period identified in the arrangement between the landlord and the occupier is for a fixed term. In Lace V. Chantler [1944], it was held that a lease for the duration of a war was not a certain period as one could not surely envisage when the war would be over, thus this would be a licence revocable when the war would be over. However, even a short term, for instance a month to month agreement would seem to be satisfying the requirements of the LPA 1925 as each party holds power by notice to determine the continuity of the lease at the end of each month and this saves the arrangement from being uncertain. (Prudential Assurance Co. Ltd v London Residuary Board [1992]) Even time sharing agreements have been held to be tenancies recently (Cottage Holiday Associates Ltd v. Customs and Excise Commissioners [1983], Smallwood V. Sheppards [1895]). Perhaps even here, the underlying fact remains the intention of the par ty which could be evidenced by virtue of the mode of payment and the time period even though this is not an essential element (Ashburn Anstall v. Arnold [1989]). The concept of exclusive possession is also a very important one in the determination of a lease. Essentially, where the occupier could exclude anyone at all and is free to use the land as he wants subject to certain restrictions, this arrangement could easily be termed as a lease. Where a landlord had rights reserved to enter the premises, empty meters and change linen, it was held to be a licence (Appah v. Parncliffe Investments [1964]. A similar analogy could be drawn with the occupation of rooms in hotels and motels. It is normally quite clear to the occupier that he does not have the rights of a tenant with regards to the room he is occupying and his rights only stem from and are limited to the service contract concluded between him and the hotel, etc. Hence, the traditional distinction between a lease and a licenc