I've recently seen someone directly cite a landlord and tenant act 1985 where the definition of the covenants for repairs and access may be found.

One can find many articles online explaining the concept of exclusive possession but none which specifically attribute it to either particular case law or statute law.

Where may the origin and basis of this covenant be found?

  • 1
    Street v Mountford appears to be relevant, but I'm not sure if it's the whole answer. Aug 28, 2022 at 15:55
  • Yes indeed, what an interesting read! Aug 28, 2022 at 16:51
  • Though it seems to suggest that exclusive possession, rather than a covenant dictated and prescribed by the law to be respected by the parties when there exists a tenancy, maybe in fact something that the law looks at as a criterion of the actual facts on the ground in order to determine whether or not the standby is to be treated in law as a tenancy and so regulated by all of the various presently effective statutory provisions pertaining to tenancies. Aug 28, 2022 at 16:55
  • Does that last comment make sense? In other words the article linked seems to suggest to me that exclusive possession is a descriptive feature to be empirically observed of a tenancy in fact, to be used to deduce as to whether or not a given agreement is to be seen as a tenancy, rather than a prescriptive term which the law imposes on tenancies, which it induces that anything which is deemed a tenancy should mandatorily honour as a covenant/implied term. Aug 28, 2022 at 17:00
  • Put yet another way, considering the following quotation from the law lords' decision: "The manufacture of a five pronged implement for manual digging results in a fork even if the manufacturer, unfamiliar with the English language, insists that he intended to make and has made a spade," can it be said that exclusive possession is more akin to the number of prongs required to render something as that which may be described as a fork, rather than any legal stipulations as to the prescribed conduct surrounding forks? Aug 28, 2022 at 17:19


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