Court Court of Appeal | Citation(s) [1975] 1 WLR 1346 | |
Tanner v Tanner [1975] 1 WLR 1346 is an English land law case, concerning licenses in land.
Contents
Facts
Mr Tanner, ‘milkman by day and a croupier by night’, got involved with Miss Macdermott while still married, she had two twins in 1969 and changed her name to Mrs Tanner, though he never married her. She moved in with him in 1970, giving up her rent controlled tenancy hoping she would remain there till the twins left school. Mr Tanner did divorce his first wife, but then married another woman, and offered Mrs Tanner £4000 to leave, and maintenance that he had not previously paid. She refused. He brought an action to remove her, and succeeded at first instance. She left, and went to a council flat, but appealed, arguing that he was under a contractual duty to allow her to remain until the twins left school, although she merely claimed damages.
Judgment
Lord Denning MR held that the licence could not be terminated, so that Miss Macdermott was entitled to remain in the house. He said as follows.