Kay v Lambeth London Borough Council [2006]
Facts
- Facts with some common ground to Bruton v London & Quadrant Housing Trust [2000]
- Leases had been granted out of licences, and the then lessees sought to enforce against the licensor (owner of the fee simple estate)
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
