A lease by parol for less than three years from the making of it and stated to take effect at a future day are not within the Statute of Frauds: ‘In Middlesex, coram Raymond, Chief Justice.
Leases by parol for less than three years from the making, to commence at a future day, are not within Statute of Frauds . . .
The plaintiff declares, that 24 February 1723, she demised to the defendant a chamber, a cellar, and half a shop, habendum from LadyDay then next for a quarter of a year, and so from quarter to quarter, so long as both parties shall please, at 51. per quarter.
It was objected by Whitaker, that this being to commence at a future day, was but a lease at will since the Statute of Frauds. The Chief Justice at first thought it a good objection, but upon farther consideration he was of opinion, that the exception was not confined to leases that were to commence from the time of making, but was general as to all leases that were not to hold for above three years from the making. So the plaintiff had a verdict ‘
Judges:
Raymond CJ
Citations:
(1725) 1 Stra 651, Bull NP 177, 93 ER 760
Cited by:
Criticised – Inman v Stamp 1815
. .
Approved – Edge v Strafford CExc 1831
The case of Ryley v Hicks was not overruled by Inman v Stamp. Rylet stood as good authority that ‘a lease, though it were to commence in futuro, would be within the exception in the statute of frauds, if it did not exceed three years from the . .
Still good law – Long v Tower Hamlets London Borough Council ChD 20-Mar-1996
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 30 April 2022; Ref: scu.223188
