ABSTRACT
40 years ago, Lord Templeman in Street v Mountford fundamentally recast the judicial approach to the lease or licence distinction. The decision allowed him to take centre stage and showcase his formidable personality and interrogative reasoning, while exercising the forensic skills he had acquired as a tax lawyer. Although solely designed to prevent the avoidance of the Rent Act, his restatement of the law was unexpectedly to impact on all sectors. This article argues that market realities and a markedly different context make this extension into the commercial sphere unjustified, unnecessary and unwelcome.
€ (Westlaw)
Michael Haley, ‘Licences of commercial property: the Templeman Legacy’ [2025] Conveyancer and Property Lawyer (4) 316-331.
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