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
