CA 27 June 1990. B was executor of his uncle`s (J) will. J was registered owner of a house which in 1964 he had rented to the X family (husband, wife and three children) except for one room which he occupied himself. J paid the general and water rates and X paid the gas and electricity bills . Mr X died in 1973 and J in October 1987. A notice terminating X`s right to remain in the premises was served on 21 April 1989 to expire a month later. The court held that there was a periodic tenancy in favour of X and there had been payment of rent , in as much as there was payment of gas and electricity bills , therefore it was a protected tenancy until J`s death and a statutory tenancy after and grounds did not exist under the Rent Acts to enable the courts to make an order for possession. B appealed. Although where residential accommodation has been granted for a term at a rent with exclusive possession , the legal consequence is the creation of a tenancy as in Street v Mountford (1985). In