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Law of Property (Land) Essay Title: Freedom of contract versus the recognition of unequal bargaining power of landlords and tenants, together with the Courts' obligation to right the balance have been the defining characteristics of the ambivalence in the distinction between a lease and a license. Is the law clearer today after Street v Mountford [1985] and Bruton v London and Quadrant Housing Trust [2000]? Answer A critical feature of the tenancy is the grant of exclusive possession (a lease), which is the essence of the relationship between landlord and tenant. A lease is an estate1 in land and is distinguished from a licence, which confers only exclusive occupation and thus, is not protected by the Rent Acts2. However, it must be remembered that a lease also creates a contract between landlord and tenant and that, historically, it was characterised as something of a hybrid, namely, a chattel real, lying between real and personal...

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