A Will grants X a right to reside in a property but is silent as to whether X can allow others to live in the property with him during the period of time he resides there. X is not entitled to any income from the property. Under what circumstances could X allow others to occupy the property with him?

The rights of X with respect to the property will depend on all the circumstances. In particular, whether X's occupation arises out of an interest in possession in the property, or a tenancy or licence to occupy, is likely to determine whether he can allow other individuals to live with him in the property. It is important to note that not having a right to income is not per se, decisive of the issue of whether X has an interest in possession in the property. In some cases, a right to reside can amount to an interest in possession.

Right to reside as an interest in possession

For information on the rights of a beneficiary under a trust of land, see Practice