Att. Gen. v Hogan [1989] JLR 238 (29 June 1989)

Att. Gen. v Hogan [1989] JLR 238 (29 June 1989)

The court must have regard to the substance, not the form, of the agreement; exclusive possession for a term at a fixed rent raises a presumption of a lease, but unrestricted access by the landlord may indicate a licence; provision of services in communal areas does not preclude a lease if there is no access to...

Source-derived case information.

Citation
[1989] JLR 238
Parties
Applicant: Attorney General; Respondent: Hogan
Jurisdiction
Jersey
Judgment Date
29 June 1989
Procedural Posture
Civil / Judgment
Outcome
judgment delivered; legal principles clarified
Legal Topics
Lease Versus Licence, Exclusive Possession, Tenancy Agreements
Property Law Lease Versus Licence Exclusive Possession Tenancy Agreements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Hogan

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the agreement constituted a lease or a licence
  2. 2 Effect of exclusive possession and term at fixed rent
  3. 3 Impact of landlord's access and provision of services

Ratio Decidendi

The court must have regard to the substance, not the form, of the agreement; exclusive possession for a term at a fixed rent raises a presumption of a lease, but unrestricted access by the landlord may indicate a licence; provision of services in communal areas does not preclude a lease if there is no access to individual rooms.

Court Disposition

judgment delivered; legal principles clarified