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(p. 171) 7. Leases, Licences, and Commonholds 

(p. 171) 7. Leases, Licences, and Commonholds
(p. 171) 7. Leases, Licences, and Commonholds

Elizabeth Cooke

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date: 09 July 2020

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with leases, licences, and commonholds. The law relating to leases is largely aimed at controlling the power imbalance between landlord and tenant. Licences are often hard to distinguish from leases, but a reason for wanting to grant a licence rather than a lease is to avoid the legal controls imposed on the landlord-and-tenant relationship — a dodge that the courts have been keen to frustrate. Commonhold was created out of exasperation with the power imbalance and the wish to create a better ownership structure for interdependent properties. The chapter looks first at the definition of a lease, and contrasts it with the licence. It then turns to the legal characteristics and content of leases in general, and at some important case law relating to the human rights implications of the ending of the landlord and tenant relationship. It considers statutory regimes designed to mitigate some of the problems of leasehold tenure; it shows how security of tenure has disappeared; and examines the development of leasehold enfranchisement and of commonhold.

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