Ratio Decidendi
A tenancy can be granted by a person who does not themselves hold an estate in the land. The grant of exclusive possession for a term at a rent creates a tenancy as between the parties, even if the grantor is only a licensee of the freeholder.
Fapte
Lambeth Council granted a licence to the London & Quadrant Housing Trust to use short-life properties for temporary housing. The Trust then granted Mr Bruton a weekly agreement to occupy a flat. Mr Bruton sought to enforce the landlord's repairing obligations under the Landlord and Tenant Act 1985, which required him to establish he was a tenant rather than a licensee.
Rezumatul hotărârii
The House of Lords held that Mr Bruton was a tenant. Lord Hoffmann held that a 'lease' or 'tenancy' is a contractually binding agreement that grants exclusive possession for a term at a rent. The Trust had granted exclusive possession to Mr Bruton, and this created a tenancy as between them, even though the Trust itself only held a licence from the Council.
Citate cheie
"It is putting the cart before the horse to say that whether the agreement creates a tenancy depends upon whether it creates an estate or an interest in the land. The term 'tenancy' describes a relationship between the parties which is an incident of a contract of letting."
— Lord Hoffmann
Tratament ulterior
Confirmed that tenancy is primarily a contractual concept, not dependent on proprietary estates.
The relationship between contractual and proprietary tenancies was further explored in Kay v Lambeth LBC [2006].
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