AP Wireless II (UK) Limited v On Tower UK Limited

Whether an agreement creates a lease or licence depends on whether it grants exclusive possession of land for a term at a rent; the parties' label is not determinative.

Street v Mountford [1985] AC 809

The principles in Street v Mountford apply to business premises.

Clear Channel UK v Manchester City Council [2005] EWCA 1304

Ordinary contractual construction principles apply to leases and licences; consider the parties' intentions as a reasonable person would understand them, considering the surrounding circumstances.

Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; Rainy Sky SA v Kookmin Bank [2011] UKSC 50

The Electronic Communications Code (and the old Code) doesn't exist in a legal vacuum; the ordinary law of landlord and tenant applies where relevant.

Vodafone Ltd v Potting Shed Bar and Gardens Ltd [2023] EWCA Civ 825

Subsequent conduct of parties generally cannot be used to construe an agreement, but surrounding circumstances at the time of the agreement can be considered.

Sattar v Sattar [2009] EWHC 289 (Ch)

Exclusive possession requires factual possession (sufficient physical control) and intention to possess (to exercise control for one's own benefit).

JA Pye (Oxford) Ltd v Graham [2002] UKHL 30

A term certain is required for a lease; this includes fixed-term tenancies and periodic tenancies (but not tenancies with restrictions on the right to terminate).

Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52