ABSTRACT
If buying freehold property is impossible or undesirable, taking a lease of property presents a solution. It has many advantages which make it an attractive alternative to owning freehold property. Leases are used for residential premises as well as for business premises and for many shops. It has the advantage of being a very flexible relationship. The tenant of domestic accommodation is almost always protected from eviction in the short term and the tenant has a legal estate which allows him to prevent anyone, including the landlord, from entering without his permission for the duration of the lease. However, the landlord is usually in a much stronger position than the tenant and can easily take advantage of him. The landlord may be tempted to argue that there is a licence rather than a lease knowing that a licence generally gives less protection to a licensee than the protection that a tenant might be able to claim. The law has always tried to protect the tenant from his potentially vulnerable position.This protection does not extend to licensees. So, the first question to ask in a short-term holding of property is always: is this a tenancy at all?
