2019•Unpublished venueRequires access
Occupational rights: Time for a rethink?
Mark Pawlowski
Open publisher page 0 citations
Abstract
The article suggests that since, out of the three requirements for the existence of a tenancy identified in Street v Mountfound [1985] AC 809, only exclusive possession actually determines whether an occupier is a tenant, the traditional distinctions between personal tenancies, contractual licences and tenancies at will should be dropped in favour of a simplified structure of personal or proprietary occupational rights.