Licence or tenancy: Is that still a problem?

Charity trustees drafting their own documents using imprecise language can unwittingly land their organisations in hot water, says Alec Samuels

31 May 2017

In Watts v Stewart and others [2016] EWCA Civ 1247 a resident of an almshouse claimed she was not a licensee but a tenant with security of tenure.

The owner of the premises was an almshouse charity owning 14 residential units. There are some 1,700 such charities, members of the National Almshouses Association (NAA), and 35,000 almshouse residents. To qualify as a beneficiary under the charitable trust and a resident a person had to be a poor, single woman, over 50, local, and preferably from domestic service.

By letter of appointment, following an NAA model document, the almsperson claimant moved into one of the residential unit...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content

Single User

  • - 10 issues a year delivered to you
  • - Digital edition of the magazine
  • - Access to premium content
  • - Access to the SJ Archives
  • - Weekly email newsletter
  • - Access to the SJ community online
  • - Advanced search feature
  • - Online support
  • - Access to SJ app- coming soon!
  • - 6 special focuses per year
  • - Special offers on SJ and IICJ events

Corporate User

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on