Old issues, new incentives, new approach? Property guardians and the lease/licence distinctionWhayman, D. ORCID: https://orcid.org/0000-0003-1026-5646 (2019) Old issues, new incentives, new approach? Property guardians and the lease/licence distinction. The Conveyancer and Property Lawyer (1). pp. 47-54. ISSN 0010-8200
It is advisable to refer to the publisher's version if you intend to cite from this work. See Guidance on citing. Abstract/SummaryDiscusses how the test for a lease in Street v Mountford (HL) has been interpreted for property guardians. Reviews the incentives to create licences not leases for such guardians, the inconsistent approaches in Camelot Garden Management Ltd v Khoo (QBD) and Camelot Property Management Ltd v Roynon (CC), and the strategies used to attempt to avoid a lease. Considers how the test might be revised to bring clarity and promote good practice.
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