Exclusive Possession

  • Exclusive Possession is a principle established in the case of Street v Mountford
  • Exclusive Possession means that one or a number of joint occupiers have the exclusive use of at least some part of a property.
  • The landlord is excluded (inspections and viewing by permission of the tenant – not the landlord)
  • The landlord is paid rent.
  • A bark room is unlikely to qualify.
  • A room in a house with shared toilet and kitchen may qualify.
  • Such circumstances can determine the type of tenancy held by the tenants irrespective of the title of the tenancy.
  • If the property is called a license (with almost no rights) but has exclusive use of a significant part of a property, then it is not a licence but a lease (with significantly more rights).
  • The occupier is either the tenant or the license.

What are your thoughts?

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