A recent judgment given by the High Court earlier this year
comes as a stark reminder of the difference between a lease and a
licence with significant detriment to the landowner. This is not a
new point of law, but is one that is becoming an increasingly
pressing issue. Licences, once seen as quick, easy documents
avoiding the complexities and execution formalities associated with
land law, are becoming subject to disputes about their legal nature
with major implications for both owners and occupiers.
Alleged arrears led to locks being changed
The case concerned the occupation of office premises at
Monteagle Court by the London College of Business. The College had
occupied the property since 2006 on the basis of a number of
"agreements", some signed some not. The agreements
purported to create a series of licences. In 2013 and 2014 there
was a dispute between the landowner and the College about the sums
due under the agreement. The landowner, deciding that the
