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What is a Personal Tenancy?

01 July 2022 / Mark Pawlowski
Issue: 7985 / Categories: Features , Property
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Mark Pawlowski looks at the non-proprietary nature of a tenancy
  • Property as a relative concept.
  • The recent trend towards the loosening of the categories of proprietary entitlement within leasehold law.
  • Criticisms of the Bruton ruling.

The concept of property is elusive. To most property lawyers, it is the ‘twin indicia of assignability of benefit and enforceability of burden’ which provide the hallmarks of a right of property (see K Gray and S Gray, Elements of Land Law, (2009, 5th ed.), at 96-97). At the same time, however, the authors highlight the inherent circularity of this approach since ‘if naively we ask which entitlements are “proprietary”, we are told that they are those rights which are assignable to and enforceable against third parties. When we then ask which rights these may be, we are told that they comprise, of course, the entitlements which are traditionally identified as proprietary’.

Interestingly, K Gray poses an alternative definition, namely, that property consists primarily in ‘control over access’ and that ‘propertiness is represented

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NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
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