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Law Cases
Land Law Cases
Leases Cases

Mikeover v Brady [1989] 3 All ER 618

Country:
United Kingdom
By Oxbridge Law Team
Slade LJ
RELATED CASES

  • 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 requiring them to share possession with others who may be granted licences. X moved out and Defendant continued only to pay his half of the rent.

  • Plaintiff purported to determine the licence and sued for possession.

  • CA held that this was not a tenancy. There are four unities required for joint tenancy: Unity of time, of possession, of title and of interest.

  • Here, the last unity was missing since the rent was payable in separate halves, not jointly. 

Slade LJ

  • He distinguishes this case from Antoniades, because in that case there was a clause (right to give more licences to others over the property) that was near practically impossible so that it was not seriously intended.

  • Here, all the clauses leading to a licence rather than lease were seriously intended.

  • Also lack of joint liability for the rent means no joint tenancy. This was established in Stribling. This rendered the relationship between the occupiers independent and not interdependent. 

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