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Licences - Bruton Tenancies

The basic rule

Where A grants a licence of a dwelling to B who in turn grants a tenancy to C, C has a tenancy as against his immediate landlord, B (Bruton v London Housing Trust [1999] UKHL 26; [2000] 1 AC 406).

Relationship between A and C

But does C have any rights against A if B's licence comes to an end? The issue often arises in the social rented sector.

Let us say that A is a local authority and owns a dwelling. The local authority grants a licence of the dwelling to B, a housing association; and under the licence allows it to use the dwelling as temporary housing accommodation. The housing association then grants an assured tenancy to C. Some time later A terminates B's licence and when C refuses to leave brings a claim for possession against C.

These were basically the facts in Kay v Lambeth London Borough Council [2004] EWCA Civ 926 and London Borough of Islington v Green [2005] EWCA Civ 56. In both cases a number of arguments were raised by C and rejected but the essential points are:
  • A person with a Bruton tenancy (C) does not have an interest in land binding on the licensor (A).

  • The fact that A knew that B would gr ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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