The Law And Common Law

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INTRODUCTION In the field of using another person or and organisations land under the bind of a contractual agreement is normally in place to clearly state and establish each parties rights and obligations to each other and indeed to the property. Common law has a role to place in relation to these tenancies whether they be residential or commercial as far as trying to protect tenants and newer legislations are always geared towards protecting the rights of tenants, this is very important considering the current backdrop and trend towards renting property in the United Kingdom as opposed to homeownership. Common law does not have the same reputation in relation to advocating tenants’ rights and are best there is still a great uncertainty…show more content…
4- The fourth kind of license and the most important in relation to the unique factors that a court in Northern Ireland will take into consideration in distinguishing between a lease and a license is a contractual licence. A contractual licence which is more relevant in this case is in effect permission to use or occupy land or property, this type of licence derives from an implied contract. The licensee does not have a legal estate however, A license normally infers occupational rights similar to that a hotel owner has over a guest, due to the level of control that the hotel owner exercises over their property the guest will not have an exclusive possession of the room they occupy and are seen ultimately as lodgers or a licensee. While there are the four different forms of licence it is vital to note that it is a very basic different between all four which has been recognised law for a long time. If we view a licence in a historical context we see it has long been established that is does not grant exclusive possession. "Property passeth no interest nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful" Vaughan, Thomas v Sorrell ([1673] EWHC (KB) J85) Those in possession of a license at most have exclusive occupation and do not have the statutory protection of tenure under the (Rent Act 1977) which a lease holder enjoys. It must be noted that a licence holder will have a

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