Aslan v Murphy

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5/6/2012
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Aslan v Murphy and Duke v Wynn [1989] EWCA Civ 2 is an English land law case deciding whether an occupier was a tenant or, instead, a lodger. The case confirmed the anti-avoidance principles which apply to interpreting whether a habitation arrangement is a lease or a licence (to occupy). A ​22 1⁄2 hours-per-day "licence" was held to be a lease; with exclusive possession of room, with a lock. The judgment expressed an intention-based test where the live-in landlord acts as the keyholder, giving examples as to where exclusive possession is not being denied as part of the living arrangements by the landlord retaining the keys.
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Duke v Wynne
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