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

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

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.

Citation
[1981] JLR 53
Parties
Applicant: Carrel; Respondent: Carrel
Jurisdiction
Jersey
Judgment Date
02 June 1981
Procedural Posture
Civil / Judgment
Outcome
judgment delivered; distinction between lease and licence clarified
Legal Topics
Licences, Lease or Licence Distinction, Intention of Parties, Payment of Rent, Personal Occupation
Land Law Licences Lease or Licence Distinction Intention of Parties Payment of Rent Personal Occupation

Case Brief

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Parties

Carrel

Applicant

Carrel

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the arrangement between the parties constituted a lease or a licence

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