Lease/Licence Distinction

... LANDLORD AND TENANT Task 1: Explain the essential characteristics of a Lease and critically distinguish between a Lease and a Licence.. In order to address the differences it is necessary first to look at the characteristics of each and then analyse effectively the present day position and what the effect of that distinction is. Historically the distinction in terms of frequent litigation arose as a result really of the Rent Acts whereby residential tenants were given full security of tenure and in effect had a home for life unless one of the grounds for possession as set out in the Act were made out. Indeed there are similar provisions in relation to Assured Tenancies under the Housing Act 1988 apart from the fact that there are certain mandatory grounds for possession notably Ground 8. Landlords therefore took steps to use a mechanism to try and get round the Rent Acts to show that the

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