Q&As

What is the procedure to recover possession against a licensee (no rent has been paid), eg under Part 55? Do they differ where the licensee is a family member who entered into possession by consent?

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Published on LexisPSL on 05/05/2017

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • What is the procedure to recover possession against a licensee (no rent has been paid), eg under Part 55? Do they differ where the licensee is a family member who entered into possession by consent?
  • What is the nature of the occupation?
  • Gaining possession from a licensee
  • Terminating a licence
  • Protection from eviction
  • Procedure

What is the procedure to recover possession against a licensee (no rent has been paid), eg under Part 55? Do they differ where the licensee is a family member who entered into possession by consent?

What is the nature of the occupation?

It should be considered whether or not there is a true licence in place, or whether it is in fact a lease. The court will determine whether an agreement is a lease or a licence by looking at its substance, not the label attached to it by the parties. In Street v Mountford the House of Lords identified the hallmarks of a tenancy. They are:

  1. exclusive possession

  2. of defined premises

Payment of rent might also be an indication of a tenancy, but rent is not in fact required for a tenancy to exist. For furhter information, see:

  1. Practice Note: Using licences and tenancies at will

  2. Q&A: What is the nature of occupation of a person who remains in occupation paying a licence fee following

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