Florentine’s friends, Huntley and Palmer, have a young child and were evicted from their council flat as the council needed to demolish the building. As Florentine felt sorry for Huntley and Palmer, she said that they could live in one of her houses (5 Bourbon Terrace, a two bedroomed house) for 12 months. Florentine told Huntley and Palmer that she “would not charge them rent provided they visited each week to clean her house and look after her garden.” Huntley and Palmer moved into the house three months ago and have recently complained to Florentine about a number of issues including that the boiler does not always work, a number of the windows fail to open and that damp is now appearing on the walls of the bedrooms, with some of the plaster falling off as a result. Huntley and Palmer checked the document that they signed at Florentine’s request before moving in and notice that it refers throughout to them having a ‘licence’.
Please address the following issues (we would advise that you use no more than 1700 words on this section). Please explain your reasoning including reference to statutory material and case law where relevant:
- Is the agreement between Florentine and Huntley and Palmer a lease or a licence?
- Assuming it is a lease, is Florentine under an obligation to deal with all or any of the following issues:
- the boiler, ii. the windows, and/or iii. the damaged plasterwork.
Huntley and Palmer are worried that Florentine is going to throw them out of the house. Assuming it is a lease, advise Huntley and Palmer on whether Florentine can evict them at short notice