Agreement between parties titled ‘licence’
Clause allowed landlord ‘at all times to enter the
room’ for certain purposes.
House of Lords held this to be sham.
[Common sham at the time, in order to avoid provisions
of Rent Acts]
Did not represent true intentions of parties.
There was a lease not a licence.
Lord Templeman –
Save in exceptional circumstances, courts will only be
concerned to inquire whether as result of agreement occupier is a lodger [ie
has mere licence] or a tenant.
Three hallmarks of tenancy outlined:
1. exclusive possession.
2. for a fixed or periodic term
3. at rent.