Jersey Judgment

Carrel v Carrel [1981] JLR 53 (02 June 1981)

Land Law Licences Lease or Licence Distinction Intention of Parties Payment of Rent Personal Occupation

Citation: [1981] JLR 53
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

The court held that the distinction between a lease and a licence depends on the intention of the parties as evidenced by all the circumstances, and that payment of rent and rates alone does not establish a tenancy.

Court disposition

judgment delivered; distinction between lease and licence clarified

Material facts

Parties

Carrel

Applicant

Carrel

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

Whether the arrangement between the parties constituted a lease or a licence

Party arguments

Applicant: The applicant contended that the arrangement constituted a lease, conferring an interest in the property.
Respondent: The respondent argued that the arrangement was a mere licence, granting only personal occupation without an interest in the property.

Court’s reasoning

Legal principles

01
Carrel v Carrel [1981] JLR 53

The court must consider all the circumstances, especially whether the parties intended to create an interest in the property or merely a personal right of occupation. Payment of rent and rates is not, by itself, indicative of a tenancy.

Ratio, limits and disposition

Ratio decidendi

The court held that the distinction between a lease and a licence depends on the intention of the parties as evidenced by all the circumstances, and that payment of rent and rates alone does not establish a tenancy.

Court disposition

judgment delivered; distinction between lease and licence clarified

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1981] JLR 53

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Carrel v Carrel [1981] JLR 53

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