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Welfare Law (See below for details of the question) - Essay Example

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Mountford, it appeared that the legal test to determine whether a residential occupier is a licensee or a tenant is exclusive possession. However, Westminster v. Clarke showed that the real test is the nature of the accommodation. Discuss with references to…
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Welfare Law (See below for details of the question)
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Download file to see previous pages al., 2005, pgh. 1). It was determined that, “In Street v. Mountford [1985] A.C. 809 [the] House decided that where residential accommodation is granted for a term, at a rent with exclusive possession, the landlord providing neither attention nor services, the grant is a tenancy notwithstanding the fact that the agreement professes an intention by both parties to create a mere licence” (“Bruton v. London & Quadrant Housing Trust 1999, House of Lords,” 2009).
Housing in the UK is rather expensive when one compares prices there to the rest of Europe. Speaking frankly, “…in terms of their impact on the disposable incomes of families, housing in the UK is substantially more expensive than in the rest of the European Union. This generates real affordability problems, especially given strong inflationary pressures within the owner-occupied sector. This aspect of home ownership needs to be emphasised, for other housing tenures have lost favour” (Gallent, et. al., 2002, pp. 153).
In fact, it is probably not a good idea to buy property in the UK unless one is absolutely certain one wants to. “Many foreign markets are without a doubt more risky than investing in property in the UK market…” (Barrow, 2008, pp. 387).
“Unlike fixed-term tenancies, periodic tenancies have no initial limit on how long they will last, since they automatically continue from one period until the next until brought to an end by the appropriate period of notice. A periodic tenancy can arise expressly, but it may also arise by implication…” (Clements, et. al., 1996, pp. 9).
In addition, this implication “…may arise when a person has been allowed into occupation of property with the intention of creating a tenancy and rent is thereafter paid on a periodic basis. Payment of a weekly rent in such circumstances may create the inference of ...Download file to see next pagesRead More
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