Crancour v Da Silvaesa [1986] EWCA Civ 1  Court of Appeal

This case concerned two appeals from occupants of individual furnished rooms within the same house owned by Mr Da Silvaesa. The occupation arose from agreements described as licenses. Through these licences, Mr Silvaesa retained an absolute right to enter at any time and was to provide services in the form of cleaning, rubbish collection, provision and laundering of bed linen. The occupants sought to argue that the agreements created a tenancy.

Held:

The agreements were licences not leases.

Gibson LJ:

“The agreement does require the landlord to provide attendance and services which require the landlord and his servants to exercise unrestricted access to and use of the room. Possession and control of the room are reserved by clause 2 of the agreement to the landlord for the purposes of discharging the obligation to provide attendance and services and that shows, in my judgment, that exclusive possession was not given.”

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