Tanner v Tanner [1975]

Tanner v Tanner (No 2) [1975] 1 WLR 1346

Facts

  • The defendant lived in rent controlled accommodation, having given birth to twins, fathered by the claimant
  • The defendant gave up this rent controlled accommodation in return for a better home for her and the twins, supplied by the claimant
  • The claimant sought to have the defendant removed, and offered £4000 to her if she did so

Issue

  • Could the defendant be forced to leave?

Decision

  • No

Reasoning

  • Her giving up of rent-controlled accommodation constituted consideration for an implied contractual licence granted to her, terminable once her children finished school
  • Following the contrary first instance decision, her leaving of the house negated the need for an injunction – she was awarded £2000 in damages instead
  • Opinion: the implied grant of a licence ‘until circumstances change’ could be doubted
RELATED CASE  Re Citro [1991]

Posted in Land Law Revision Notes.

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