Where the occupation is necessary for the performance of services, and the occupier is required to reside in the house in order to perform those services, the occupation being strictly ancillary to the performance of the duties which the occupier has to perform, the occupation is that of a servant.See Mellor J in Smith v. Seghill Overseers (1875) LR 10 QB 422 at 428.This is clearly inconsistent with possession passing from master to servant,giving the servant a stake in the room entitling him to exclude the master. So, service occupiers are not tenants because they do not have possession. It is not correct to describe them as persons who have possession but are nevertheless not tenants.
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