... the requirements of a 'joint tenancy', the only way by which people can legally share land (see Chapter 12). They did not all arrive at the same time, and so they did not share 'unity of title': they were merely licensees. In the second case, however, a 'License Agreement' which seemed to give the owner the right to sleep in the tiny flat with a cohabiting couple was held to be a tenancy; the term looked as if it denied exclusive possession to the couple but it was a sham, inserted in the agreement merely in order to avoid giving Rent Act protection to the occupants, and it had no effect. However in Westminster City Council v. Clarke [1992] 5Lord Templeman held that were there was no exclusive possession here because of the purpose of this agreement: a term that the occupant could be moved at any time to another room ...

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