Critically analyse the impact of the decision of the House of Lords in Street -v- Mountford [1985] AC 809

This assignment will consider the case of Street v Mountford and consider the decision and speech of Lord Templeman and analyse whether or not the correct conclusions were reached. The assignment will then go on to consider the implications of the case and its subsequent application, concluding that the correct decision was reached and, despite some difficulties in the application of the tests set out by Lord Templeman, the correct approach can now be taken when considering the distinction between a lease and a licence.

The facts of Street v Mountford were fairly straightforward. The building known as Number 5 St. Clements Gardens has at all material times been divided into "flatlets". In December 1982, Mr Boyce was appointed by the plaintiff as his agent to manage the property. At that time the defendant and her husband had, for at least some months, been occupying a single furnished room in the building, known as Number 5, under a written agreement which called itself a Licence Agreement, entered into between the plaintiff and the defendant. In or about March 1983 the defenda...

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