This was case conjoined with AG – here House of Lords did accept joint tenancy argument.
Young couple living together as man and wife.
Rented one bedroom flat.
Couple signed identical agreements called ‘licences’.
Agreement stressed occupants were not to have
Occupants argued agreements collectively created joint
House of Lords agreed.
Lord Oliver –
Man and woman were going to live together in one
bedroom flat and share double bed.
Clauses cannot seriously be considered to have any
purpose other than seeking to avoid Rent Acts.
Purported licenses were a sham.
stands for principle that enjoyment by more than one person of joint exclusive
occupation of premises for the same term in consideration of payments is
capable in certain circumstances of creating a joint tenancy.