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ARTICLE · 05 JULY 2023

A Lease, Or Not A Lease? That Is The Question

MacRoberts
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The Sheriff Appeal Court has issued its judgment on the question of whether the occupiers of a property were subject to a licence agreement or a private residential tenancy.

United KingdomReal Estate and Construction
Lynsay Cargill
Lynsay Cargill
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The Sheriff Appeal Court has issued its judgment on the question of whether the occupiers of a property were subject to a licence agreement or a private residential tenancy. The case is a lesson in the importance of clear drafting.

The Sheriff Appeal Court has issued its judgment on the question of whether the occupiers of a property were subject to a licence agreement or a private residential tenancy. The case is a lesson in the importance of clear drafting.

The Facts

Jamie and Louisa O'Rourke moved into a residential property to redecorate and carry out renovations on behalf of Kirstin Sherriff, the owner. When the owner tried to recover possession of the property, the occupants refused to move out. They sought to argue that they occupied the property under a private residential tenancy (a type of lease) and not a license as claimed by the owner.

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