216. Possession before completion.

In many cases the seller is in occupation of the property at the time of exchange of contracts and, as he is entitled at common law to do, will remain in occupation until completion. If the buyer is permitted to take up possession between exchange of contracts and completion, specific terms relating to his occupation should be agreed and in particular it should be ensured that the buyer's occupation takes effect as a licence and not a tenancy1. Where the seller has a subsisting mortgage over the property the terms of the mortgage may preclude the buyer from taking