Mr and Mrs S jointly purchased house.
Mr Defendant married their daughter and couple rented
Daughter then became ill and Mr Defendant unemployed –
Mr and Mrs S no longer took rent.
Mr Defendant then carried out substantial improvement
works to house, encouraged by Mr S who told them he intended to give house to
Wife aware of this.
Mr S later conveyed his share of house to his wife.
Wife then changed will so her daughter inherited house
to exclusion of Mr D.
Mr S died, then daughter died.
Mrs S sought possession proceedings.
Mr Defendant only spent few nights per week at house,
but one of his daughters lived there.
Mrs S’s own house needed repair and she was in
Court of Appeal granted possession order.
Given circumstances of each party it was no longer
inequitable to defeat the expectation created in Mr Defendant’s mind that he
would be allowed to live in house rent-free for the rest of his life.
Hobhouse LJ emphasised need for proportionality between
remedy and detriment.