Mikeover Ltd v Brady

Two occupiers of a flat who each agreed to pay a separate sum, and were not jointly liable for the whole rent, were licensees, not joint tenants.

Citation
[1989] 3 All ER 618
Court
Court of Appeal (Civil Division)
Year
1989
Subject
Land Law
Topic
Leases and licences

Facts

Mr Brady and Miss Guile occupied a flat owned by Mikeover under separate but identical agreements, signed at the same time. Each agreement made the occupier liable for half the total payment only, and gave each the right to use the flat in common with one other person. When Miss Guile left, Mr Brady continued to pay only half, and the landlord did not seek to make him pay the full amount. Mr Brady later claimed to be a protected tenant.

Legal principle

The Court of Appeal held that Mr Brady was a licensee. Slade LJ said that the agreements were genuine, not shams, and that the obligations to pay were separate, so there was no unity of interest between the occupiers. Without unity of interest, they could not be joint tenants. Since neither of them had exclusive possession individually, neither could be a tenant on his or her own.

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