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CASE study

Property Guardianship

Instructed by a property guardianship company to recover possession of a property where the occupier argued that he was a tenant (under an AST) and not a licensee.  The case turned on the well-known distinction between tenancies and licences.

We focused on the wording of the agreement and how the scheme operated in practice.  The claim succeeded in the County Court and was upheld on appeal in the High Court – confirming that the arrangement was a licence and that possession could be recovered.




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