Aslan v Murphy (1990) explored distinctions between tenancies and licenses, confirming exclusive possession's role in defining legal relationships in property agreements, and highlighted the impact of sham agreements and closing orders under the Housing Act 1985.
This case law note has been reviewed by a law tutor
🏛️ Court: Court of Appeal (Civil Division) 🗓️ Judgment Date: 27 June 1989 🗂️ Where Reported: [1990] 1 W.L.R. 766; [1989] 3 All E.R. 130 📍 Jurisdiction: United Kingdom
⚖️ Legal Principles
1️⃣
Nature of Occupation: It addressed the issue of whether an agreement designated as a license granted a tenancy. The court concluded that despite the agreements attempting to exclude exclusive possession, the occupants were tenants because they were granted exclusive possession.