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Question - Use UK Land and Tenancy Law - To determine the effect of an agreement, if it is a lease or license, and how
Question - Use UK Land and Tenancy Law - To determine the effect of an agreement, if it is a lease or license, and how the legal-clause/terms pertaining to "provisions of cleaning services and re-filling of bathroom shower liquid soap" affect the outcome of if it is a lease or license. The agreement/story is below:
Olivia is the registered owner of a one bedroom flat in London. She hears that her nephew, Mike, and his girlfriend, Nancy, were looking for a place in the city. Olivia told Mike and Nancy that they could live in her London flat. She made them each sign separate but identical agreements containing the following terms: a. The occupant has the rights of a licensee; b. The occupant will pay 200 per week as an occupation charge; c. The owner will retain a key to the flat which will be used to provide cleaning services each week, including re-filling shower liquid soap. The occupant will pay 100 per month for this service; d. The owner reserves the right to spend a night in the flat, whenever she is in the city; and e. This agreement will last for five (5) years, commencing on the day it is signed, or until Olivia moves back to the city. Mike and Nancy spoke to Olivia about doing their own cleaning, so that they could save some money. Olivia agreed to not charge them for the cleaning service and soap re-fill, but continued to send a cleaner to the flat once a week. Olivia did spend the night in the flat a few times, whenever she was in the city for a meeting. Last week, Olivia told Mike and Nancy that she found a buyer for the flat. Mike and Nancy consult you about whether they can continue living in the flat after it is sold. Advise Mike and Nancy. Based on the arrangements Olivia (O) made with Mike (M) and Nancy (N), this can be analyzed under the principles of lease and license of land law. Accordingly, Question: Under UK Land and tenancy Law, Determine the effect of the agreement, if it is a lease or license, and how the legal-clause/terms (c) pertaining to "provisions of cleaning services and re-filling of bathroom shower liquid soap" affect the outcome of if it is a lease or license. Consider "Exclusive Possession, certainty of duration and rent" in your answer.
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