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Chandler v Kerley

[1978] 1 WLR 693

Case summary last updated at 09/01/2020 15:15 by the Oxbridge Notes in-house law team.

Judgement for the case Chandler v Kerley

X and D bought a house, and after getting divorced sold it to P, for substantially less than the asking price, with whom D was in a relationship. D and her children continued living there. P later demanded that D 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. 
 
Lord Scarman: It is unlikely that P 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 P could reside there until a notice was given to her to leave, and this notice had to be reasonable. 

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