X and Defendant bought a house, and after getting divorced sold it to Plaintiff, for substantially less than the asking price, with whom Defendant was in a relationship. Defendant and her children continued living there.
Plaintiff later demanded that Defendant leave and sued for possession.
CA found that there was a contractual license, terminable upon reasonable notice, which gave her sufficient time to re-house herself and her children. In this case, 12 months was appropriate.
It is unlikely that Plaintiff intended to house another man’s wife and children indefinitely, but was likely that he intended to allow her to live their while they were in a relationship.
Therefore it was the implied intentions of the parties that Plaintiff could reside there until a notice was given to her to leave, and this notice had to be reasonable.
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Land Law | Leases Notes (77 pages) |