What prevails: actual situation or signed document?

[sab]

Friends of mine have been given an AST, which was duly signed by all parties. They are however living in a typical licence situation; landlord lives there ( his main residence). They haven’t got exclusive possession. So, what are they: tenants or licencees?
Thanks for your help.

[dazalock]

So is this another college question?

[sab]

:p but you have impressive memory

[Paul_f]

It appears they are merely lodgers and therefore have no security of occupation.

I would say the AST is therefore void as it must be their only or main home and they should have, as you say, exclusive possession for them to be tenants.

The test is what has actually been created, not what the landlord thinks he has created. Street v Mountford as everyone knows is the yardstick.

[sab]

Thanks for that, Paul.