Is a party who has been granted exclusive possession of a property a tenant of the property?
Saskatchewan, Canada
The following excerpt is from Attorney General of Canada v. Lees (No. 2), 1977 CanLII 1546 (SKDC):
In Errington v. Errington, [1952] 1 K.B. 290, [1952] 1 All E.R. 149, Denning L.J. said at p. 155: “The result of all these cases is that, although a person who is let into exclusive possession is, prima facie, to be considered to be a tenant, nevertheless he will not be held to be so if the circumstances negative any intention to create a tenancy. Words alone may not suffice. Parties cannot turn a tenancy into a licence merely by calling it one. But if the circumstances and the conduct of the parties show that all that was intended was that the occupier should be granted a personal privilege with no interest in the land, he will be held only to be a licensee.”
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