Aslan v Murphy

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Aslan v Murphy
Behind a clock (Unsplash).jpg
Court Court of Appeal
Full case name Aslan v Murphy or Duke v Wynne
Citation(s) [1989] EWCA Civ 2, [1990] 1 WLR 766
Keywords
Lease

Aslan v Murphy and Duke v Wynn [1989] EWCA Civ 2 is an English land law case deciding whether an occupier was a tenant or, instead, a lodger.

The case confirmed the anti-avoidance principles which apply to interpreting whether a habitation arrangement is a lease or a licence (to occupy). A ​22 12 hours-per-day "licence" was held to be a lease; with exclusive possession of room, with a lock. The judgment expressed an intention-based test where the live-in landlord acts as the keyholder, giving examples as to where exclusive possession is not being denied as part of the living arrangements by the landlord retaining the keys.

Facts[edit]

An agreement provided the “licensee” could use the room only between midnight and 10.30am and noon and midnight.

Judgment[edit]

Lord Donaldson MR held that this provision was a pretence and not part of the “true bargain”.

Cases cited[edit]

Followed[edit]

See also[edit]

References[edit]

  1. ^ [1989] EWCA Civ 2, [1990] 1 WLR 766