Westminster City Council v Clarke [1992] 2 AC 288

House of Lords

Basic Facts : C occupied a room in a hostel run by WCC under a “license to occupy.” WCC sought to remove C after complaints.

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

Held : The court held that a license for public housing could not confer the same security of tenure as a lease.

Lord Templeman

• A license is valid if exclusive possession is not granted and the occupier's rights are limited.

• WCC’s control over occupation and visitors indicated no lease but a license.