Ward v Warnke

Family arrangement — Voluntary payment of periodic sums — Whether intention to create a legal relationship — Whether a tenancy or a licence — Appeal by landlord dismissedIn 1972 the appellant’s husband purchased Trelawne Cottage, The Gower, South Wales, as a home for holidays and retirement. Both the respondent and the appellant’s daughter, Jane, lived in the cottage from 1974 until they separated in 1988. They have since divorced and the respondent alone occupies the property; he claims a statutory tenancy. From 1975 Jane and the respondent made weekly payments to the appellant. The money was paid into first one and then a second building society account; the first was a trustee account for the benefit of Jane and the respondent and the second, into which the balance from the first account was deposited, an account in the name of Jane and Mr Ward. The appellant appealed the decision of His Honour Judge Moseley who held that she was not entitled to possession of the cottage as the respondent had a statutory tenancy. Held The appeal was dismissed. The trial judge found there was an agreement for occupation at a rent. Notwithstanding that the appellant retained a key, and that Mr and Mrs Ward came and stayed from time to time, Jane and the respondent had exclusive possession. Despite the arrangement being a transaction between members of a family, this did not prevent the creation of a legal relationship. There was a tenancy. Christopher Vosper (instructed by Addleshaw Sons & Latham, of Manchester) appeared for the appellant; and Robert Craven (instructed by Holt Jones & Collins, of Swansea) appeared for the respondent.