CASE STUDY

Case Study

Case Study

Case Background

Bob and Jane have been good friends for 10 years. In 2009 Bob moved out of his flat in London to live with his lover, Mary, and thereafter allowed Jane to occupy the flat in his absence. Bob and Jane drew up an agreement whereby the latter was entitled to live in the flat “for as long as necessary” and pay the sum of £100 per month. Last week Bob ended his relationship with Mary and now wishes to move back into the flat and evict Jane. Jane considers that the flat is her home and objects to leaving.

Whether Jane has a Tenancy or a Licence

According to UK law, Jane has a tenancy of this flat. This is because at the time of agreement, it was agreed that Jane will occupy the flat in Bob's absence and Jane was entitled to live in the flat “for as long as necessary” and pay the sum of £100 per month. Moreover, the terms of the agreement also confirm Jane's control of the flat. As the right to enter and view the premise is granted to Mary, it again supports the grant of exclusion possession to Jane. If no grant of exclusive possession is made, there will be no need for Mary to reserve a right to enter and inspect.

However, we cannot say that Jane is a lodger because no terms in the agreement give Mary the right to interfere with Jane's right to use the flat or restricting Jane's or his visitors' access to the flat at certain times of the day. Moreover, Jane has an individual key to the flat. The flat is furnished and he has to clean the flat by himself because no Amahs service is provided.

Distress for rent is also one of the possible remedies to recover the rent. Distress, or distraint, certainly is old and extreme. The name portrays the idea: to put pressure on the debtor (Peter) to pay the money he owes. His goods are seized so as to make him satisfy his creditor - if he does not pay up, the goods are sold to meet his obligation. Distress is now only available at common law to landlord (Jane), and then only while he remains as such. Jane will lose his right to distrain if he sells his reversion. If there are many arrears of rental owing at the date of ...