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Bruton v London and Quadrant Housing Trust
''Bruton v London and Quadrant Housing Trust'' () (UKHL 26 ) examined the rights of a 'tenant' in a situation where the 'landlord', a charitable housing association had no authority to grant a tenancy, but in which the 'tenant' sought to enforce against the association under landlord-and-tenant statutes.
==Facts==
The council gave the London and Quadrant Housing Trust, a charitable association, a licence to use land to accommodate the homeless. For a place at Flat 2, Oval House, Rushcroft Road, in Brixton, London, Mr Bruton agreed with the Trust to pay weekly rent for a flat. There was a provision that the council and LQHT had access to the property at limited times. Then he claimed he was a tenant, and the Trust had an obligation to repair the flat under the Landlord and Tenant Act 1985 section 11. The Housing Trust argued that under orthodox property law principles, ''nemo dat non quod habet'' (literally meaning "no one gives what he does not have"), so because they had no lease, they could not grant a lease to Mr Bruton, and therefore they had no obligation to repair the property.
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