CA 7 July 1989 Appeal by (D) against a cc decision ordering (N) to recover possession of an agricultural dwelling . Under an agreement with the former owner, to whom they were related by marriage, D had moved into the cottage to carry out repairs and thereafter live in it. There was no written agreement, but after the repairs had been carried out D did pay a rent of £12 a week. D also had exclusive possession of the cottage. The premises were sold to N, but D refused to leave the cottage claiming a protected tenancy . N served a notice to quit which was upheld by the cc on the grounds that there was no tenancy, but merely a family arrangement. On appeal, CA held, following Street v Mountford , that payment of rent and the granting of exclusive possession gave rise prima facie to a landlord/tenant relationship and not a licence . The existence of a family relationship was not sufficient to displace this presumption. Appeal dismissed and leave to appeal to HL refused.