Q&As

Would a lease be created where a tenant of a community centre has agreed to hire out its hall between 10am and 3pm each weekday for a period of three years, with the hall being hired out to other parties outside of these hours?

read titleRead full title
Copyright © 2025 LexisNexis
Produced in partnership with Elizabeth England
Published on: 10 February 2016
imgtext

A ‘lease’ is the grant of a right to the exclusive possession of land for a determined length of time, which itself is less than the rights that the grantor enjoys in the land.

What is exclusive possession?

Exclusive possession is the ability on the part of an occupier of land to exclude all persons, including the landowner, from possession.

To enjoy exclusive possession you must enjoy:

  1. •

    a sufficient degree of physical control and actual possession, and

  2. •

    an intention to exercise such custody and control on one’s own behalf and for one’s own exclusive benefit, and

  3. •

    the right to exclude

Elizabeth England
Elizabeth England

Employed as a housing case worker in 2015 at award winning legal aid practice Turpin & Miller Solicitors in Oxford, trained and later became head of the housing team. After a series of high-profile cases, she moved to north-west specialist housing firm Pearson & Johnson Solicitors advising and representing local authorities and registered social landlords. Whilst there she obtained Higher Rights and conducted advocacy on behalf of the firm in the range of housing law issues. In 2014 was invited to join London chambers 42 Bedford Row to work with a specialist housing law team. Now represents a range of clients from inner-London borough councils to private clients in the full spectrum of housing law. Elizabeth provides regular training to the London Borough Legal Association. Recent cases include

    Obtaining and enforcing possession orders for landlords
    Defending possession claims for tenants
    Dealing with Human Rights defences
    Dealing with Equality Act defences
    Dealing with unlawful occupiers and squatters
    Unlwaful eviction and harassment
    Disrepair, nuisance and statutory nuisance
    Homelessness reviews and appeals in County Court
    Injunctions to prevent anti-social behaviour and other orders available under he ASB Crime and Policing Act 2014 including committal applications
    Service charge claims
    Leasehold management issues

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of