Aslan v Murphy

Aslan v Murphy
Court	Court of Appeal
Full case name	Aslan v Murphy or Duke v Wynne
Citation(s)	[1989] EWCA Civ 2, [1990] 1 WLR 766
Keywords
Lease

Aslan v Murphy and Duke v Wynn [1989] EWCA Civ 2 is an English land law case, concerning leases.

Facts

An agreement provided the “licensee” could use the room only between midnight and 10.30am and noon and midnight.

Judgment

Lord Donaldson MR held that this provision was a pretence and not part of the “true bargain”.

“

This identification and exposure of such pretences does not necessarily lead to the conclusion that their agreement is a sham, but only to the conclusion that the terms of the true bargain are not wholly the same as that of the bargain appearing on the face of the agreement...

It is the true rather than the apparent bargain which determines the question: tenant or lodger?

...it is not a requirement of a [lease] that the occupier shall have exclusive possession of the keys to the property. What matters is what underlies the provision as to keys. Why does the owner want a key, want to prevent keys being issues to the friends of the occupier or want to prevent the lock being changed?

”

Sources on leases
Land Registration Act 2002 s 116 and Sch 3, para 1
Protection from Eviction Act 1977 s 5
Family Law Act 1996 ss 30-33
Law of Property Act 1925 ss 1 and 205(1)(xvii)
Errington v Errington [1951] EWCA Civ 2
Ashburn Anstalt v Arnold [1988] EWCA Civ 14
Street v Mountford [1985] UKHL 4
Mikeover v Brady [1989] EWCA Civ 1
Aslan v Murphy and Duke v Wynne [1989] EWCA Civ 2
AG Securities v Vaughan [1988] UKHL 8
Prudential Ltd v London Residuary Body [1991] UKHL 10
Bruton v London & Quadrant Housing Trust [1999] UKHL 26
European Convention on Human Rights art 8 and Prot 1, art 1
Kay v Lambeth LBC [2006] UKHL 10
see English land law, licenses and leases

Notes

References

External links

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