Land - Licences & Proprietary Estoppel (4)

4. When he retired from work in 1995, Henry bought a large house in a country village where he became very friendly with the Browns, a couple who lived nearby. He often told them that, as he had no close relatives, he would leave them the house in his will. When Henry had repair jobs to be done around the house, Mr Brown always gave him some help. As Henry became more frail, Mrs Brown would regularly help out with the cleaning and cooking. Henry never paid them for their help, but he did pay their son’s school fees. In 2001 Henry has a serious row with the Browns and he told them that he was changing his will, he was stopping paying the school fees, and he never wanted to see them again. He employed Martha as his housekeeper, telling her that he could not afford to pay her generous wages, but that she could occupy the self-contained flat at the top of his house rent-free. Martha moved into the flat. Henry died recently, leaving the whole of his estate to a charity. The charity proposes to sell the house. Martha refuses to move out, while the Browns claim that they are entitled to the house.
Discuss

* Follow Jennings v Rice

Martha’s right
- She has no right: she’s nothing more than a licencee (cannot amount to a freehold or leasehold) - terminable upon end of employment; conditional thus contractual licence which does not bind third party
- There is no room for estoppel

Browns’ right- If Browns have any right, it will bind the charity that is a volunteer