Westminster City Council v Clarke [1992]

Defendant occupied single room in council hostel,
under agreement entitled ‘licence’.
Agreement included term stating it was not intended to
give defendant rights of tenant.
Following complaints regarding defendant’s behaviour,
he was given notice terminating licence.
Council asked for possession order but plaintiff
claimed he was secure tenant protected by Housing Act 1985.
House of Lords held a licence could only create a
secure tenancy if it conferred exclusive possession of a separate dwelling
house.
In a hostel, council could change hostel accommodation
and occupier could be required to share room with others.
These powers necessary to ensure smooth-running of
hostel.
Therefore grant of exclusive possession would have
been inconsistent with nature of council’s provision of accommodation at
hostel.
Defendant was only licensee.