Can a ten­ant oc­cupy your flat per­ma­nently?

HT Estates - - HTESTATES -

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.

THINKSTOCK

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