The Distinction Between Leases and Licences - Law Teacher.
BRUTON (A.P.) (APPELLANT) v. LONDON AND QUADRANT HOUSING TRUST (RESPONDENTS) ON 24 JUNE 1999. LORD SLYNN OF HADLEY. My Lords, I have had the advantage of reading in draft the speech prepared by my noble and learned friend Lord Hoffmann in which he has referred to the facts, the statutory provisions and the relevant authorities.
A crucial case in the development of property law was Bruton v London Quadrant Housing Trust (1999). The relevance of section 11 to this case was that the claimant (or plaintiff as he then was) claimed that he was a lessee of the property in question, which was owned by the Trust.
Although in Bruton, and the latter case of Kay (2004) and Green (2005) confirmed that a grantor with no interest in land can grant a personal tenancy. But the old common law rule of “The demise of nemo dat quod non habet” still needed to be considered. And Lord Hoffmann did not give a concrete reason on not applying the old common law rule.
Is the law clearer today after Street v Mountford (1985) and Bruton v London and Quadrant Housing Trust (2000)? Answer A critical feature of the tenancy is the grant of exclusive possession (a lease), which is the essence of the relationship between landlord and tenant.
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