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Laws in relation to residential occupation.
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| Submitted: Wed Sep 10 2003
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In many cases, as in Street v Mountford1, none of the exceptions considered above apply, in which case reference to the first step in the analysis will decide whether the occupier has a lease or a licence; whether there is a grant of exclusive possession to the occupier. If there is no grant of exclusive possession, the occupier's claim to be a tenant will fall at the first hurdle.2 In determining whether exclusive possession had been granted the decisive consideration is the degree of control over the premises and their use, which is retained by the owner. Another further important instance of residential occupation, which coexists with exclusive possession vested in, another is; even if a residential occupier enjoys rights of exclusive occupation for a term, he may still be excluded from the status of tenant if he falls into the category of a lodger. An occupier is a mere 'lodger'...
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