In the first of two articles, Norman Joss and Nick Grundy discuss leases and licences, secure tenancies, housing and human rights and rent review
Lease or licence?
In Clear Channel UK Ltd v Manchester City Council  EWCA Civ 1304, C had an agreement with M whereby C would erect and maintain 13 large advertising displays at specified locations. In 2002, M invited C to tender for a new agreement. C claimed to have a business tenancy. M contended that C had a licence. M also argued that if a tenancy had been granted, it was not protected because there was no “occupation” for the purposes of s 23 of the 1954 Act.
At first instance it was held that C had a mere licence. The Court of Appeal confirmed that the appropriate legal principles appeared in Street v ...