Mansion Properties Plc recently sold Edgbaston House, a luxurious apartment building in Birmingham, to Aspire Properties Limited ("Aspire"). Aspire is keen to make various changes and refurbishments to Edgbaston House, but two difficulties have arisen.

Firstly, Beryl has been the sole occupier of a flat at Chelsea Mansions since November 2018. Beryl occupies on the basis of a 9 year Licence Agreement, in the form of a validly executed deed.

The Agreement includes a requirement for Beryl to leave the property every Tuesday morning, so that the property owner can enter the property and undertake cleaning. Beryl was recently in hospital for several months following a bad fall at the flat. Her son stayed at the flat whilst she was away, in order to keep an eye on her possessions. Aspire would like Beryl to leave the flat so that it can be refurbished and let out more profitably to a new tenant.

Secondly, Khalid, who owns the neighbouring property to Edgbaston House, claims that his property was granted the right to use the residents' swimming pool at Edgbaston House last year. He has produced a validly executed deed, which seems to give such a right. Aspire is keen to stop Khalid using the residents' facilities. The Register of Title for Edgbaston House does not make reference to any rights in favour of either Beryl or Khalid.

Advise Aspire:

1) Whether it can require Beryl to leave her apartment; and

2) Whether it can prevent Khalid from using the swimming pool.