Question
Henry is the registered proprietor of Baskerville Hall. In Baskerville Hall there are two bedrooms, a study, a library, a kitchen, two bathrooms and two
Henry is the registered proprietor of Baskerville Hall. In Baskerville Hall there are two bedrooms, a study, a library, a kitchen, two bathrooms and two large living rooms. He advertises 'rooms for occupation and receives a joint response from Jack and Beryl. Jack and Beryl explain that they are engaged, but they wish to have separate rooms.
On 1 May 2023, Jack and Beryl each move into one of the bedrooms in Baskerville Hall after signing separate agreements. Each agreement is stated to last for twelve months. They each include the following terms:
- this agreement is not intended to create the relationship of landlord and tenant.
- the licensee will pay 2,000 per month for the licence.
- the licensee is to allow all reasonable access by the licensor and their agents into the property.
- the licensor may from time to time occupy the property, insofar as it does not interfere the licensee's occupation.
- the licensee will not keep any hound(s).
Since September 2023, Henry has been paying Beryl to teach the cello to her twelve-year-old daughter. The lessons take place in the study room. Henry himself has not visited the property.
In September 2023, Jack noticed that condensation has started to gather under the windowsill of his room, and that two small mouldy patches have started growing on his armchair as a result. Jack feels that the room is unfit for occupation, but he is reluctant to complain to Henry. This is because, when Jack moved in, Henry said "I hope you're not the argumentative kind, as I've got plenty of people ready to take a property like this."
Critically discuss the legal issues arising.
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