Question: Reena has recently purchased a house from Tom, with the intention of renting out individual rooms in the house profitably to short term visitors to

Reena has recently purchased a house from Tom, with the intention of renting out individual rooms in the house profitably to short term visitors to Birmingham. However, when she first visited the property following completion of the purchase, she was surprised to find that it was already occupied by Amira and her partner John. When Reena originally viewed the property there was no one there, but it now transpires that

Amira and John were away on a month-long holiday. When Reena asked Tom about the belongings which were at the property at that time, he advised that these belonged to a former tenant, who had moved a while ago. Amira and John occupy the property on the basis of a Licence Agreement. This is not in the form of a deed, but was entered into in September 2018 for a five year term at a rent of 600 per month. This Agreement includes a provision which allows the landlord to introduce additional occupiers, as well as a requirement for Amira and John to leave the property for four hours every Saturday, whilst cleaning is undertaken. There are no provisions relating to responsibility for repairs to the property. The roof to the property is now leaking when it rains, and Amira and John are demanding that Reena repairs this.

Advise Reena on:

1) The nature of Amira and John's interest in the property (if any) and whether they are entitled to continue living there; and

2) Whether Reena is liable to undertake the repairs to the roof.

NB: In preparing an answer to this question, please prepare using the outline/considering the questions below.*

Substance - What is the substantive interest in land in the question? Which cases might apply to determine this (if applicable)?

Formalities - Is the interest legal or equitable? What formalities are needed to create the interest?

Priority - Which priority rule applies? S 28, s 29 or s 30 LRA 2002?

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