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Antoniades v Villiers [1990]

This case was decided in the House of Lords together with AG Securities v Vaughan [1990], whose facts were different

Facts

  • An experienced landlord allowed a man and his girlfriend to occupy four rooms in his property – the top floor flat, via two separate licence agreements
  • There were separate beds within the flat, but the landlod knew that they were to live together as husband and wife as he supplied a double bed at their request

Issue

  • Was the presence of separate licence agreements an attempt to circumvent landlord and tenant legislation by avoiding the creation of a lease?

Decision

  • Yes

Reasoning

  • A lease was created as all 3 parties intended that exclusive possession should be given to the couple
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