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Thursday, 20 May 2010

Exclusive Possession

Q: Do I need permission from my Landlord to invite guests to my home?

A: Usually no because of the laws on Exclusive Possession and Quiet Enjoyment, but you should read your lease to ensure that your Landlord did not include it somewhere.

Exclusive possession is a necessary characteristic of a lease or tenancy that enables the Tenant to have exclusive possession of the property. This means that the tenant must be given the right to exclude all other persons from the property, including the Landlord. In other words, he doesn't have the right to tell you who to invite as long as you do not interfere with anyone else's Quiet Enjoyment Right.

The absence of exclusive possession means that a tenancy agreement does not exist, in which case it will be a mere license.

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