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Land LawText, Cases and Materials

Land Law: Text, Cases and Materials (5th edn)

Ben McFarlane, Nicholas Hopkins, and Sarah Nield
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date: 03 June 2023

p. 75420. Regulating Leases and Protecting Occupierslocked

p. 75420. Regulating Leases and Protecting Occupierslocked

  • Ben McFarlane,
  • Nicholas Hopkins
  •  and Sarah Nield


All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease, rather than a licence, and a new approach has recently been taken in Wales.

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