... lease from a licence is one of substance, not of form and the crucial question to ask is whether the agreement conferred 'exclusive possession'. Lord Templeman, in his judgment, went on to say that in future there will be a presumption of a tenancy wherever exclusive occupation is granted and wherever there is nothing to show that the parties did not intend to enter legal relations. Before the decision in Street v Mountford, the intention of the parties was of paramount importance. Lord Denning felt, in Marchant v Charters2 that the answer to whether an occupier was a licensee or a tenant depended on the question: "Was it intended that the occupier should have a stake in the room or did he have only permission for himself personally to occupy the room?" In Street v Mountford, Mr Street named the agreement a 'licence' and Mrs Mountford signed a document to ...

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