chapter  1
24 Pages

Understanding a Residential Lease

The rights set out in this book will only apply where there is a relationship of landlord and tenant. A lodger in someone else’s home may be required to vacate at any time on reasonable notice. A guest in a hotel room will have no rights in that room beyond the terms of their booking. The issue of what constitutes a “tenancy” came before the House of Lords in the 1985 case of Street v Mountford [1985] 1 EGLR 128 when the Law Lords were called upon to decide whether an occupancy arrangement, described in the documentation as a “personal licence”, was in reality a tenancy protected under the Rent Act 1977. The Law Lords ruled that it was.