PART 10MISCELLANEOUS
CHAPTER 2TRESPASSERS: IMPLIED TENANCIES AND LICENCES
238Implied tenancies and licences
1
This section applies if—
a
a dwelling which is not subject to an occupation contract is occupied as a home by a person (“T”) who is a trespasser in relation to that dwelling, and
b
T makes payments in respect of his or her occupation of the dwelling to a person (“P”) who would be entitled (whether alone or jointly) to bring proceedings to evict T as a trespasser.
2
If P accepts such payments from T—
a
knowing that T is a trespasser in relation to the dwelling, or
b
at a time when P ought reasonably to know that T is a trespasser in relation to the dwelling,
P is to be treated as having made a periodic contract with T immediately after the end of the relevant period.
3
The relevant period is the period of two months starting with the day on which P first accepts a payment from T as mentioned in subsection (2).
4
Subsection (2) does not apply if before the end of the relevant period P brings proceedings to evict T as a trespasser or otherwise shows an intention to treat T as a trespasser.
5
A contract under subsection (2) is either a tenancy or a licence.
6
The tenancy or licence entitles T to occupy the dwelling as a home from the day immediately after the last day of the relevant period.
7
The amount of rent and rental periods are to be determined having regard to the amount and frequency of the payment or payments made by T and any other relevant circumstances.
8
A tenancy or licence under which T is entitled to occupy the dwelling as a home may not be implied except as provided in this section; but nothing in this section prevents P and T expressly making such a tenancy or licence before the end of the relevant period.