Q&As

A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 01/03/2021

The following Property Disputes Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?

A co-habitant (A) paid the mortgage and bills without contribution from the other co-habitant (B). A was excluded from the property due to bail conditions but has since received permission to evict B from the property. B did not pay rent and was not in exclusive occupation until A's exclusion from the property. Could a tenancy in favour of B have arisen while A was excluded from the property or would B have just remained as a lodger?

We have assumed that cohabitant A has sole legal ownership of the property.

This raises the question of whether a cohabitant is to be viewed as a tenant or as a lodger/licensee. A tenancy is a legal interest in property. In contrast, a licence is simply a personal permission to occupy a property and does not provide long-term security for the licensee. A licensee is typically entitled to only a very basic level of protection from eviction.

In the private housing sector, nearly all residential tenancies created on or after 15 January 1989 are assured or assured shorthold tenancies. There is no suggestion in this question that either a written or oral tenancy agreement was entered into between A and B. Instead, the factual background appears to be the usual informal arrangement that arises between cohabitants of one moving in with the other without any

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