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Aslan v Murphy [1990]

A licence containing a clause requiring the surrender of possession between 10:30 and 12:00 each day was said to constitute a sham licence designed to avoid landlord and tenant legislation. Applying Street v Mountford [1985], as there was never any intent to enforce this term, a lease had been granted.

This case also found that a lessor’s retention of keys, by itself, will not prevent a finding of exclusive possession.

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