Mikeover v Brady [1989] 3 All ER 618

Written By Nicolas Heyes

Court of Appeal

Basic Facts: Mikeover (Claimant) leased a flat with separate agreements for two occupants. When Y moved out, Brady (D) stayed but fell into arrears.

Issue for the Court: When is a license a license?

Held: The court held that the arrangement between cohabitants was a license rather than a lease because there was no joint obligation to pay rent.

  • Slade LJ found that for a joint tenancy, all unities (possession, interest, time, and title) must be present. The separate financial obligations of B and Y indicated a tenancy rather than a joint tenancy, affecting the lease terms.

Nicolas Heyes
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