Donald v Baldwyn - [1953] NZLR 313

Tenancy — Dwellinghouse — Creation of Tenancy by Implication — Agreement to let at Rent in Excess of Basic Rent, subject to Rents Officer's Approval — Agreement to have No Force or Effect and not to create Tenancy until Such Approval obtained — Tenant let into Possession — No Approval of Rents Officer sought or obtained — Intention of Parties Test of Whether Tenancy or Licence for Exclusive Occupation — No Intention to create Licence shown — Inference of Intention to create Tenancy — Restrictions of Statute applicable thereto — Tenancy Act, 1948, ss 22 (b), 47 — Property Law Act, 1952, s 105.