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Tanner v Tanner

[1975] 1 WLR 1346

Case summary last updated at 09/01/2020 15:11 by the Oxbridge Notes in-house law team.

Judgement for the case Tanner v Tanner

D and P had children and agreed that a house should be purchased for D and the children. P paid for the house and D left her rent-controlled flat to live there. P later asked D to leave and sued for possession. CA awarded D damages, saying that, in all the circumstances, the license was a contractual one, lasting until the children were of school-leaving age. 
Lord Denning MR: The provision of a place to live was in return for D bringing up children to whom P had a duty and in return for which she had agreed to leave her flat protected by the Rents Act legislation. It is to be inferred from the circumstances that the duration of the license was to be until the children were capable of looking after themselves, since the purpose of the agreement was to enable the mother to afford them a better upbringing. 

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