Can a tenant occupy your flat permanently?
against the tenancy being permanent one.”
If the origin of tenancy is not known, long possession with uniform rent will raise a presumption of permanency. Permanent tenancies can also be created by acquiescence. In the matter of Forbes vs Rally, in 1925, the Privy Council, held that, “Estoppel prevents the plaintiff from evicting, from their holding the defendants, whom he, the plaintiff, induced by his representation and conduct to believe that they had a fixity of tenure, although not of rent, in the land that have been leased to them.”
The principle applied in Forbes vs Rally relied upon the judgment of Ramsden vs Dyson where Lord Kingsdown, in 1866, explicated the proposition of estoppel ( a set of doctrines in which litigants are prevented by court to not take action they - litigants - would have the right to take) by acquiescence and stated, “if a man, under a verbal agreement with a landlord for a certain interest in land, and upon the faith of such promise or expectation, with the knowledge of the landlord, and without objection by him, lays out money upon the land, a court of equity will compel the landlord to give effect to such promise or expectation.