Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) What is a personal tenancy? New Law Journal, 172 (7985). p. 11. ISSN 0306-6479 (Print), 2046-2239 (Online)

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Abstract

The article examines the non-proprietary nature of a tenancy in the light of the House of Lords' ruling in Bruton v London and Quadrant Housing Trust [2000] 1 AC 406. It considers the nature of property as a relative concept and the recent trend towards the loosening of proprietary entitlement within leasehold law. The article also provides a criticism of the Bruton ruling based on its lack of focus on the extent to which the contractual freedom of landlord and tenant is necessarily limited by reason of the inherent nature of a lease. A number of practical implications resulting from the decision are also highlighted.

Item Type:	Article
Uncontrolled Keywords:	tenancy; residential occupants; meaning of property; exclusive possession; personal rights; privity of estate; contractual licence; security of tenure
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	16 Jul 2022 01:38
URI:	http://gala.gre.ac.uk/id/eprint/36797

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