London Borough of Islington v Green & Anor

London Borough of Islington v Green & Anor

Patchwork, as licensee, had no estate in the property and no authority from Islington to create a tenancy binding on Islington. Upon termination of Patchwork's licence, any tenancy or licence granted by Patchwork to the defendant ended, and the defendant had no estate in land binding on Islington. The appeal was therefore dismissed.

Parties
Claimant/respondent: London Borough of Islington; First Defendant: Tracey Green; Second Defendant/appellant: Gary O'Shea
Jurisdiction
England and Wales
Judgment Date
21 January 2005
Procedural Posture
Civil Appeal / Second Appeal From County Court Possession Order
Outcome
appeal dismissed
Legal Topics
Possession Proceedings, Agency, Bruton Tenancies, Licences and Tenancies, Authority of Agents
Landlord and Tenant Law Property Law Possession Proceedings Agency Bruton Tenancies Licences and Tenancies Authority of Agents

Case Brief

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Parties

London Borough of Islington

Claimant/respondent

Tracey Green

First Defendant

Gary O'Shea

Second Defendant/appellant

Procedural Posture

Civil Appeal / Second Appeal From County Court Possession Order

Legal Issues

  1. 1 Whether the termination of Patchwork's licence by Islington terminated all inferior interests including the defendant's tenancy or licence
  2. 2 Whether Patchwork acted as Islington's agent in granting the tenancy to the defendant
  3. 3 Whether a tenancy granted by a licensee (Patchwork) binds the freeholder (Islington)

Ratio Decidendi

Patchwork, as licensee, had no estate in the property and no authority from Islington to create a tenancy binding on Islington. Upon termination of Patchwork's licence, any tenancy or licence granted by Patchwork to the defendant ended, and the defendant had no estate in land binding on Islington. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed
  • Detailed assessment of the Appellant's Community Legal Service Funding costs