| Commentary

8 Exclusive possession

| Commentary

8 Exclusive possession

Exclusive possession is of primary importance when considering whether a legal relationship is that of licensor and licensee or landlord and tenant1. A tenant must have the right to the exclusive possession of the land. If the occupation is without exclusive possession, it will be a licence only. Whether an arrangement is a tenancy or a licence generally depends on whether exclusive possession has, in fact, been granted; it does not depend upon the intention of the parties.

Exceptions include where the parties did not intend a contractual relationship at all; and where exclusive occupation can be explained

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