Lease? Intention to create a legal relationship?

In Chan Yeung Kei v Chan Yeung Fai ([1998] 2 HKC  491, LT) B1 was the periodic tenant of a flat. When he moved out, his brother (B2) remained with his mother and sisters. B2 moved out after his mother and sisters had done so. The question was whether B2 had been the sub-tenant of B1. On the facts of this case, there had been no intention to create a legal relationship between B1 and B2. B2 had paid the rent while his mother remained at the property as a result of an internal arrangement of the family.

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