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Normally if a person occupying another's land does not have exclusive possession she is not a tenant but only a lodger, or a licensee.1 Thus if Joyce does not have exclusive possession of first floor apartment of the house, she will be considered a licensee. In determining the legal status of the occupation agreement between Raj and Joyce the decision of the House of Lords in the case Street v. Mountford2 will provide some assistance. Lord Templeman stated that the normal test of a tenancy is the factual question of 'exclusive possession' ; the intention of the parties is irrelevant.3 Thus if Joyce can established that she has been granted exclusive possession by Raj the court shall hold the "Occupation Agreement" to be a lease irrelevant of Raj's clear intention to create a Licensee. In A. G. Securities v. Vaughan, Antoniades v. Villiers 4the House of Lords held, in the first of...

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