Licences Introduction. What is a licence? Lease/licence distinction Types of licence. What is a Licence?. â€œA dispensation or licence properly passeth no interest, nor alters or transfers property in any thing, but only makes an action lawful, which without it had been unlawful.â€
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What is a licence?
Types of licence
“A dispensation or licence properly passeth no interest, nor alters or transfers property in any thing, but only makes an action lawful, which without it had been unlawful.”
Thomas v Sorrell (1673) Vaugh 330.
Security of Tenure
“The tenant possessing exclusive possession is able to exercise the rights of an owner of land…a tenant armed with exclusive possession can keep out strangers and keep out the landlord.”
Lord Templeman in Street v Mountford  AC 809.
Is exclusive possession enough?
“There can be no tenancy unless the occupier enjoys exclusive possession; but an occupier who enjoys exclusive possession is not necessarily a tenant.”
Lord Templeman in Street v Mountford
“In all the cases where an occupier has been held to be a licensee there has been something in the circumstances, such as a family arrangement, an act of friendship or generosity or such like, to negative any intention to create a tenancy.”
Lord Denning in Facchini v Bryson  1 TLR 1386.
“The manufacture of a five pronged implement of manual digging results in a fork even if the manufacturer…insists that he has made a spade.”
“It is not a requirement of a tenancy that the occupier shall have exclusive possession of the keys to the property. What matters is what underlies the provision as to keys, why does the owner want a key?”