House of Lords held that existence of tenancy did not
depend on grantor establishing proprietary interest.
depend on grantor establishing proprietary interest.
Fact that grantor has no estate in land does not
preclude him from granting a lease.
preclude him from granting a lease.
Even if grantor is himself a mere licensee, if he
enters into contract which gives grantee right to exclusive possession for a
term, there will be a lease.
enters into contract which gives grantee right to exclusive possession for a
term, there will be a lease.
[ie Right to exclusive possession, the hallmark of a
lease, is now regarded not as consequence of ownership of the legal estate but
product of agreement between the parties.]
lease, is now regarded not as consequence of ownership of the legal estate but
product of agreement between the parties.]
