Bruton v London & Quadrant Housing Trust 
- Lambeth London Borough Council owned a property intended for future development
- Prior to development starting, the Lambeth LBC licensed the property to London & Quadrant Housing Trust, to be used as temporary accommodation for homeless persons
- The Housing Trust purported to grant Bruton exclusive possession over part of the property, in an agreement labelled as a licence
- Bruton claimed that he had a lease over the ‘his’ part of the property, and under landlord and tenant legislation claimed that the Housing Trust should repair the part under an implied covenant
- Was the Housing Trust under an obligation to repair?
- Applying Street v Mountford , the agreement between Burton and the Housing Trust constituted a lease, and not a licence, as it was labelled
- By agreement, a tenancy had been created, even though the Housing Trust had no title to grant a lease from (a head lease or fee simple estate from which to carve a lease from)
- There was no need for a ‘tenancy by estoppel’
- For the different types of leases which can be created, please see land law notes on leases
Posted in Land Law Revision Notes.
This page was last updated on 3rd April 2015
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