Concerns
the ‘joint tenancy’ argument:
the ‘joint tenancy’ argument:
Four bedroom flat had four people occupying it.
Each had an agreement termed ‘licence’ for 6 months without
right of exclusive possession to any part of flat.
right of exclusive possession to any part of flat.
In each agreement was provision that if anyone left,
replacement would be by mutual agreement.
replacement would be by mutual agreement.
Occupants argued that despite each individual’s lack of right of exclusive possession,
agreements collectively created joint
tenancy.
agreements collectively created joint
tenancy.
House of Lords disagreed – agreements were not shams
and occupants each had licence.
and occupants each had licence.
Lord Oliver –
Four factors which must be present for creation of
joint tenancy were not present:
joint tenancy were not present:
– No unity of interest
– No unity of title
– Certainly no unity of time
– No unity of possession.
