References: [1975] CLY 1884, [1976] 1 QB 209, [1975] 3 All ER 234
Coram: Scarman LJ
Ratio: A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while negotiations proceed is one of the classic circumstances in which a tenancy at will may exist.
Statutes: Landlord and Tenant Act 1954
This case is cited by:
- Cited – Co-operative Insurance Society Ltd v Hastings Borough Council ChD (Times 23-Jun-93, 91 LGR 608)
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In . . - Cited – Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another Admn (Bailii, [2004] EWHC 2483 (Admin))
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted.
Held: The grants included the . . - Cited – Javad v Aqil CA ([1991] 1 All ER 243, [1991] 1 WLR 1007, Bailii, [1990] EWCA Civ 1, [1990] 61 P & CR 164, [1990] 41 EG 61)
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
(This list may be incomplete)
Jurisdiction: EW
Last Update: 10-Oct-16
Ref: 186343
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