435. Whether licence or tenancy.

As a general rule if exclusive possession1 is given for a fixed or periodic term at a stated rent2, a tenancy may exist, irrespective of the designation given to the arrangement by the parties3. However, the surrounding circumstances may indicate that the right to exclusive possession is due to a legal relationship other than a tenancy, for example occupancy under a contract for the sale of the land4.

Where the occupier is required to share the accommodation either with other tenants or with the landlord, this may be indicative of a licence but the courts will examine the substance of