Ward v Warnke: CA 1990

The owners had bought a cottage to retire to, but allowed their daughter and her husband to occupy the property. The daughter’s marriage failed, and she moved out. The husband remained in occupation with one child of the couple. The couple had paid the outgoings and a reduced rent.
Held: A tenancy had been created, not a mere licence. The fact that an agreement was between members of the same family was not conclusive to say that no intention to create legal relationships existed. The judge had been entitled to conclude from the evidence that exclusive possession had been granted and for a rent.
(1990) 22 HLR 496
England and Wales

Updated: 05 May 2021; Ref: scu.259632