Land law part 2 Essay Example | Topics and Well Written Essays - 1000 words

Land law part 2 - Essay Example The property which was habitable in 1997 has deteriorated over the years. It has become very damp, because the gutters are very dilapidated and when it rains water runs down the outside walls of the property rather than down the pipes and into the drains. The sash window frames are rotting and mould is growing in the bathroom where it is impossible to open the window at all. Cracks are appearing in the ceiling and P thinks there could be some loose slates on the roof. He has rung Bridley Housing Association’s offices on a number of occasions this year to tell them about the damp, but no-one from the Association has visited the property or carried out any repairs. In order to be able to advise P and Q it is necessary to examine the law in relation to short term licences. This will involve a discussion on the difference between a lease and a licence, and the different rights given to leaseholders over licence holders. From this it should then be possible to advise P and Q of their rights to insist on the repairs being carried out. In the UK leases can be distinguished from licences in relation to the occupation of the property. With a lease the occupier will enjoy exclusive occupation and the amount paid for the property will not include any services. Landlords cannot terminate leases at short notice. By comparison those who have a licence do not have exclusive occupation and the landlord can allow other persons to move into the property. Where the agreement is deemed to be a lease the lessee would have full ownership rights over the property.1 If the occupier does not have exclusive ownership, than the courts will deem that a licence has been created. In Shell-Mex & B P Ltd v Manchester Garages Ltd [1971]2 the court distinguished between a lease and a licence by examining where the control lay. In this case the court