Tied houses and tenure

Article Abstract:

The Court of Appeal ruling in the case of Surrey County Council v Lamond, in which the defendant appealed against a possession order, failed to clarify regulations relating to employees' tenancies. It was ruled that, in this case, residence in the house provided with the job was essential, with a term to that effect thus being implied into the contract of employment. However, it was not established whether it must be shown that residence in the particular property, as opposed to living in the house next door, is vital.

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Of carts and horses

Article Abstract:

The House of Lords ruling in Bruton v London & Quadrant Housing Trust indicates that there can be a purely contractual lease between two parties, neither of whom has ever had and probably never will have an interest in the land to which the lease relates. This lease can exist regardless of any factors giving rise to an estoppel. This ruling does not appear to take account of the significant distinction between the conferment of a right to exclusive occupation and that of exclusive possession.

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