Kay v Lambeth LBC [2006]

Kay v Lambeth London Borough Council [2006]

Facts

Issue

  • Were the leases enforceable against the fee simple owner?

Decision

  • No

Reasoning

  • As a lease requires a proprietary interest from which it can be granted, and which the licensee did not have, the lease would not bind the licensor
  • For the distinction between leases and licences, go to land law notes on leases
RELATED CASE  Malory Enterprises v Cheshire Homes [2002]

Posted in Land Law Revision Notes.

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