DISTINCTION BETWEEN 'TENANCY' AND A LICENCE

• Date: 06 February 2019

"As regards the second portion of land for excavation of late rite, my view is that all the 1st respondent received from the landowners was a mere licence. The relationship between them was not one of landlord and tenant but that of a licensee. See: Foster v. Robinson (1951) 1 K.B. 149, p. 156; (1950) 2 All E.R. 342, 346, Errington v. Errington and Anor. (1952) 1 All E.R. 149. At page 154 line D, Denning, L.J. stated that: - "The difference between a tenancy and a licence is, therefore, that in a tenancy an interest passes in the land, whereas in a licence it does not. In distinguishing between them, a crucial test has sometimes been supposed to be whether the occupier has exclusive possession or not. If he was let into exclusive possession, he was said to be a tenant, albeit only a tenant at will; See Doe D. Tomes v. Chamberlain (4), Lynes v. Snaith (2): whereas if he had not exclusive possession he was only a licensee: Peakin v. Peakin (5). This test has, however, often given rise to misgivings because it may not correspond to realities." And at p. 155, Denning went further to state: "The result of...