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Hounslow LBC v Twickenham Garden Developments [1971]

Hounslow London Borough Council v Twickenam Garden Developments [1971]

Facts

  • A builder was allowed into occupation of land for a 4 year period to carry out specified building works under a contract with Hounslow London Borough Council
  • The Council sought to bring the contract to an end with notice
  • The builder refused to leave

Issue

  • Could the Council obtain an injunction restraining the builder from entering the site?

Decision

  • No

Reasoning

  • The arrangement with occupation gave the builders a personal (non-proprietary) interest in the land
  • The contract also granted a licence coupled with this interest, which was irrevocable for the 4 year term, preventing the Council from breaching their contract
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