Street v mountford

Post on 18-Dec-2014

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Transcript of Street v mountford

Street v Mountford

‘the occupier must be granted exclusive possession for a fixed or periodic term certain’

Essential elements of a lease

‘able to exercise the rights of an owner of land’

Exclusive possession

Objective intention of the parties: not label they have applied

Must the lease be an estate in land?

Exceptional cases

No intention to create legal relations Special circumstances which prevent

exclusive possession from creating a tenancy