Lonsdale purported to grant to Walsh a seven year lease with rent payable in advance. The lease was not embodied in a deed, and when Walsh went into possession, an annual tenancy with rent payable in arrear was created. Walsh did not pay in advance, Lonsdale issued an execution against the premises, and Walsh sought damages.
Held: Equity, as embodied in the maxim ‘equity regards as done what ought to be done’, required that the lease should take effect on the terms originally intended. ‘He [Walsh] holds, therefore, under the same terms in equity as if a lease had been granted . . He cannot complain of the exercise by the landlord of the same rights as the landlord would have had if a lease had been granted.’ This was: ‘a case in which both parties admit that relief is capable of being given by specific performance.’
Sir George Jessel MR
[1882] 21 ChD 9
England and Wales
Cited by:
Cited – Padgham and another v Rochelle and another ChD 1-Aug-2002
The testator occupied farmland and buildings. He was helped in maintaining the farm by his son, but gave the land to his grandchildren by his will. The son claimed to have been granted an informal written agricultural tenancy by his father before . .
Cited – Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue CA 28-Jul-1997
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers.
Held: . .
Cited – Harris v Kent and Another ChD 14-Mar-2007
The claimant said the defendant had failed to complete his promise to arrange for the issue of shares in a company in return for a loan. The defendant denied the contract.
Held: It had been agreed to treat the claimant as a fifty per cent . .
Cited – Foster v Reeves CA 1892
An agreement was made on May 12 1890 for a tenancy for three years to commence on June 24 1890 and thereafter from year to year until determined. The landlord sued to recover rent after the tenant had given up possession. The tenant argued that no . .
Cited – 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 . .
Cited – Truro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Equity
Leading Case
Updated: 01 November 2021; Ref: scu.181811
