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Law Cases
Land Law Cases
Licences Cases

Chandler v Kerley [1978] 1 WLR 693

Country:
United Kingdom
By Oxbridge Law Team
Lord Scarman

  • X and Defendant bought a house, and after getting divorced sold it to Plaintiff, for substantially less than the asking price, with whom Defendant was in a relationship. Defendant and her children continued living there.

  • Plaintiff later demanded that Defendant leave and sued for possession.

  • CA found that there was a contractual license, terminable upon reasonable notice, which gave her sufficient time to re-house herself and her children. In this case, 12 months was appropriate. 

Lord Scarman

  • It is unlikely that Plaintiff intended to house another man’s wife and children indefinitely, but was likely that he intended to allow her to live their while they were in a relationship.

  • Therefore it was the implied intentions of the parties that Plaintiff could reside there until a notice was given to her to leave, and this notice had to be reasonable. 

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