000			01577cab a2200205 4500
001			ABS42736
008			090401t1989 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u38638
041			_aeng
245			_aNunn v Dalrymple and another
260			_c1989
350			_a0
490			_aProperty and Compensation Reports _v(1989) 59 PCR 231-241(11)
520			_aCA 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.
650			_aCASE LAW
650			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
690			_aLANDLORD AND TENANT-CASE LAW-AGRICULTURAL TENANCIES
942			_n0
948			_c04/03/1997
999			_c24827 _d24827