xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Land Law Cases
Leases Cases

Hilton v Plustitle [1989] 1 WLR 149

Country:
United Kingdom
By Oxbridge Law Team
Croom-Johnson LJ

  • Plaintiff let a flat to a company, Defendant 1, set up by Defendant 2, so that both sides could avoid the Rent Act and so that, although Defendant 2 would be the one occupying and paying the rent, it would be let to the company, not him.

  • Defendant 2 tried to claim that he was a tenant.

  • CA held that although the arrangement was made purely to avoid the Rents Acts, both sides were aware of the implications and Defendant 2 was not a tenant. (see Gardner’s explanation above).

Croom-Johnson LJ

  • It isn’t against policy for people to create licenses instead of leases and where they intend to do this it is fine.

  • The problem is only where the parties intend a tenancy but create a licence. Here a lease was never intended.

The mere fact that the purpose of the legal arrangement was to prevent the creation of the statutory tenancy is by itself not enough.

Any comments or edits about this case?
Get in touch

Similar cases

Stribling v Wickham
3 friends (Defendants) intended to share Plaintiff’s flat and all entered separate agreements, but on the same terms and on the same date. It was acknowledged that on face value, the agreement would...
Mikeover v Brady
A flat, whose layout was only suitable for two people who were close, was let to Defendant and X. Plaintiff got them to sign separate agreements but on identical terms, purporting to be licences and...
Tanner v Tanner
Defendant and Plaintiff had children and agreed that a house should be purchased for Defendant and the children. Plaintiff paid for the house and Defendant left her rent-controlled flat to live there...
Ashburn Anstalt v Arnold
Various leases of properties had been granted.  Defendant occupied the property under an arrangement under which they paid no rent.  The landlord sought possession, saying that the agreements were li...
City PBS v Miller
Defendant 1 contracted to give Defendant 2 a lease for 3 years and on a week-by week basis thereafter. The lease wasn’t registered. Defendant 1 gave a mortgage on the property to Plaintiff, who claim...

Related free notes samples

Leases Notes
Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all th

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.