Kimmy and Alan are an unmarried couple that have lived together for many years. In 2005, they purchased Blackacre (a cottage with an annex sitting on a large garden) the title of which is registered only in Alan's name.

In 2005, Kimmy and Alan granted John, afledging sculptor, a3 yearlease ofthe annex ofBlackacre with a covenant to allow John to use the large garden to display his sculpture twice a month. The landlord and tenant executed no deed but do write down their agreements.

In 2006, AlanapproachedMybank to secure funds by mortgaging Blackacre. He told Mybank thathe is single and lives alone. On 1" October 2006, Stevie, the surveyor working for Mybank, visited Blackacre and proceeded to inspect the house. On the day of inspection, Kimmy was away for a social function, while John was attending a sculptor's convention out of the country. Alan did not attempt to hide the existence of Kimmy, but John had pacLed some of his clothes as he would be away for a couple of weeks, and also left a few of his half sculpted work covered with cloths to prevent dust contamination.

Two days after the surveyor left, Kimmy and Alan had fallen out and Kimmy moved toher mother's place. On 5thOctober 2006, Mybank registered the mortgage. John returned from his trip on 10'^h October 2006.

Alan defaulted on the repayment of the mortgage. Mybank wants to take possession of the house and put it up for auction with immediateeffect.

AdviseKimmyandJohnastotheirlegalrightsinthisscenario.