Antoniades v Villiers [1990] 1 AC 417

Court: House of Lords

Basic Facts: A couple signed separate agreements for a one-bedroom flat, with clauses suggesting their agreements were independent, but the agreements were signed simultaneously.

Issue: When do occupiers of a property acquire a joint tenancy?

Held: The House of Lords held that multiple occupiers could have a joint tenancy with exclusive possession, even if the landlord had tried to disguise the agreement as a series of licenses.

  • (Lord Templeman):

    • The agreements between the couple were interdependent, suggesting a lease rather than a license.

Significance: Clauses that seem like a sham or intended to bypass legal protections (like the Rents Act) should be ignored.

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Amsprop Trading Ltd v Harris Distribution Ltd [1997] 1 WLR 1025