Aslan v Murphy 
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 , 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.
Posted in Land Law Revision Notes.
This page was last updated on 12th May 2015