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Bruton v london and quadrant housing trust (1977)
Created by 119.241.251.55 on 19 October 2009, at 01:13



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Bruton v London and Quadrant Housing Trust
Court House of lords
Citation(s) [2000] 1 AC 406; [1999] 3 WLR 150; [1999] 3 All ER 481
Judge(s) sitting Lord Slynn of Hadley; Lord Jauncey of Tullichettle; Lord Hoffmann; Lord Hope of Craighead; Lord Hobhouse of Woodborough
[1977] SLYRB 153 (HL). The Trust was set up by a local authority to manage the allocation of subsidised housing in the area. The question arose whether a tenant of such housing had a Lease, and could therefore rely on the protection afforted to leasees by the law but denied to mere licencees. It was held that the Trust itself did not have a lease, but it could nevertheless grant leases to its tenants. Although the reason for coming to this decision is clear, it is odd nonetheless: the orthodox view is that a lease is an estate in land, created out of some superiour estate. A licence is not an estate in land at all, so it is not clear how a lease can be granted out of it.
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