Tenancy Legal Case Study

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Tenancy Legal Case Study The distinction between having a tenancy and a simple permission to

enter premises known under English law as a licence; is defined by the

case of Street v Mountford. This case sets out the requisite, which is

required in order to create a tenancy, one of which is known as

exclusive possession. This is often known as a hallmark of a tenancy

since having this right allows a tenant to exclude the world if need

be it including the landlord unless he/she is to exercise a right

under the tenancy agreement to view, repair or maintain a property.

(i)

In case scenario (I), Jade has allowed her nephew to stay in her home

while she is away in India, no rent is being charged but she expects

him to look after the cats while she is away and to pay for

consumption of energy utilities (gas and electricity). In contractual

terms I would interpret this as Jade allowing her nephew to stay rent

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