Court Court of Appeal | ||
Citation(s) [1989] 3 All ER 618, (1990) 59 P&CR 218 | ||
Mikeover Ltd v Brady [1989] 3 All ER 618 is an English land law case, concerning the definition of leases.
Contents
Facts
Mikeover Ltd had leased 179 Southgate Rd, London, N1, and then let it out to Mr Brady and Miss Guile. They each signed separate but identical ‘licence’ agreements allowing them to share for six months for £86.66 a month. After the sixth months expired they were allowed to remain on the same terms. Miss Guile moved out early 1986, telling Mr Ferster, the Mikeover Ltd director, in April 1986. Mr Brady offered to continue to pay £173.32 in rent. Mr Ferster replied ‘I can’t accept it. I’ll hold you responsible for your share only.’ But Mr Brady still fell into arrears for his half, and Mikeover Ltd tried to remove him in early 1987. He claimed he had a lease of the flat to get Rent Act protection.
County Court held they had only licences.
Judgment
Slade LJ held they had only licences. There was exclusive possession in common with the other occupier, but there was no unity of interest, and no joint tenancy, and payments were incapable of creating a joint tenancy because the obligations were not joint. There was no sham. It was established that there must be the four unities present, of possession, interest, title and time, and there was no unity of interest because there was only a several obligation for payment of the rent. That requires the existence of ‘joint rights and joint obligations’.