Although contractual license not found, court held person
in occupation had proprietary interest under constructive trust.
[Both constructive trust and proprietary estoppel are
useful alternative methods of protection when contractual license not available.]
Aunt lent nephew £12k to purchase £17k property.
Also spent sums on improving home and paying off
Understanding was that aunt would stay there and be
looked after by nephew and his wife.
Nephew went bankrupt.
Trustee in bankruptcy made contract to sell property
with vacant possession.
Browne-Wilkinson J held that the circumstances gave
rise to constructive trust in aunt’s favour.
This conferred on her an interest binding on trustee
Entitled to stay on premises until the money she
provided is repaid.