Although all these categories are referred to as having possession not occupation, Lord Templeman has already explained that this is not the case for service occupiers, nor for the categories given by Denning LJ, which were cases where there was no intention to create legal relations at all. As to lodgers, Lord Templeman referred to them earlier as the paradigm residential occupier who does not have possession:In the case of residential accommodation there is no difficulty in deciding whether the grant confers exclusive possession.An occupier of residential accommodation at a rent for a term is either a lodger or a tenant.The occupier is a lodger if the landlord provides attendance or services which require the landlord or his servants to exercise unrestricted access to and use of the premises. A lodger is entitled to live in the premises but cannot call the place his own ... If, on the other hand, residential accommodation is granted for a term with exclusive possession, the landlord providing neither attendance nor services, the grant is a tenancy; any express reservation to the landlord of limited rights to enter and view the state of the premises and to repair and maintain the premises only serves to emphasise the fact that the grantee is entitled to exclusive possession and is a tenant.
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