Clear Channel UK Ltd v Manchester City Council

Clear Channel UK Ltd v Manchester City Council

The arrangements for the M Sites did not create tenancies but only licences, as the agreements did not confer exclusive possession and were structured as permissions to erect and maintain advertising displays. The Chester Road Site arrangement, however, gave rise to an annual tenancy due to the agreement on principal terms, the physical occupation and use by Clear Channel, and the payment of rent, with no evidence of an intention to exclude statutory protection or to create only a tenancy at will. Clear Channel's use of the Chester Road Site amounted to occupation for business purposes under section 23 of the 1954 Act.

Parties
Claimant: Clear Channel UK Limited; Defendant: Manchester City Council
Jurisdiction
England and Wales
Judgment Date
14 December 2004
Procedural Posture
Civil (landlord and Tenant) / Judgment After Trial
Outcome
Claim dismissed; Counterclaim dismissed
Legal Topics
Tenancy Vs Licence, Exclusive Possession, Business Tenancies, Landlord and Tenant Act 1954, Occupation for Business Purposes
Land Law Landlord and Tenant Tenancy Vs Licence Exclusive Possession Business Tenancies Landlord and Tenant Act 1954 Occupation for Business Purposes

Case Brief

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Parties

Clear Channel UK Limited

Claimant

Manchester City Council

Defendant

Procedural Posture

Civil (landlord and Tenant) / Judgment After Trial

Legal Issues

  1. 1 Whether the agreements between Clear Channel and Manchester City Council in respect of the M Sites and Chester Road Site created tenancies or licences
  2. 2 Whether Clear Channel had exclusive possession of the sites
  3. 3 Whether any tenancy was protected by Part II of the Landlord and Tenant Act 1954

Ratio Decidendi

The arrangements for the M Sites did not create tenancies but only licences, as the agreements did not confer exclusive possession and were structured as permissions to erect and maintain advertising displays. The Chester Road Site arrangement, however, gave rise to an annual tenancy due to the agreement on principal terms, the physical occupation and use by Clear Channel, and the payment of rent, with no evidence of an intention to exclude statutory protection or to create only a tenancy at will. Clear Channel's use of the Chester Road Site amounted to occupation for business purposes under section 23 of the 1954 Act.

Court Disposition

Claim dismissed; Counterclaim dismissed

Orders

  • The claim by Clear Channel for a declaration of tenancy in respect of the M Sites is dismissed.
  • The counterclaim by Manchester City Council for declarations and damages in relation to the Chester Road Site is dismissed.