Save in exceptional circumstances, an agreement creates the relationship of landlord and tenant, and not that of licensor and licensee, where the following are present1:
(1) there is the grant of exclusive possession2;
(2) the grant is for a fixed or periodic term3;
(3) there is consideration of a premium or periodical payments4.
Where the agreement is made in writing, the question whether it creates a tenancy or a licence is determined by a consideration of the substantive terms of the agreement and not by the labels or terminology used5. The professed intentions of the parties are not determinative in
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