A weekly tenancy agreement contained an undertaking by the landlord not to give notice to quit until he needed to pull down the demised buildings.
Held: Lush J applied Warner v Browne saying: ‘This reasoning applies with at least equal force to the present case. This is not a mere constructive tenancy as that was. It is as explicit as words can make it that the defendants are to hold ‘upon a weekly tenancy at a weekly rental, and that the tenancy is to be determined by either of the parties on giving a week’s notice to the other.’ There is this difference between the two cases, that in Doe d. Browne v. Warner the lessor engaged not to turn out the tenant so long as he observed the conditions, and in this case Radcliffe engages that the tenant shall hold until the company require to pull down the buildings. But, as that is an event which may never happen, the distinction is merely between the contingency of the tenant breaking the conditions and the contingency of the company wanting the premises in order to pull them down. The restriction is as repugnant to the nature of the tenancy in the one case as is in the other. It is therefore no legal answer to the ejectment to say that the contingency provided for has not happened.’
Judges:
Lush J
Citations:
(1880) 50 LJQB 121
Jurisdiction:
England and Wales
Cited by:
Not followed – In re Midland Railway Co’s Agreement, Charles Clay and Sons Ltd v British Railways Board CA 1971
The lease agreement created a term for six months from 10 June 1920 and was to continue from half year to half year until determined. It was to be determined by three months’ written notice given by either party to the other provided that the . .
Cited – Prudential Assurance Co Ltd v London Residuary Body and Others HL 16-Jul-1992
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 01 May 2022; Ref: scu.259627