The local authority had let a row of houses to the claimant who then sublet the individual houses to the defendant tenants. The authority obtained possession under the head lease for redevelopment, but the tenants resisted giving possession, saying that at the time the possession proceedings had started, the claimant, its own lease having been terminated, no longer had any sufficient interest to found a claim for possession.
Held: The terms of the lease anticipated that as the head tenant’s lease was terminated it would itself recover possession from the sub tenants, and there existed therefore an implied licence in the head tenants to occupy the land sufficiently to exclude and seek possession from the defendants.
Judges:
Lord Justice Mance Mr Justice Richards Lord Justice Schiemann
Citations:
[2003] EWCA Civ 495, Times 21-Apr-2003, Gazette 12-Jun-2003
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Countryside Residential (North Thames) Ltd v Tugwell CA 4-Apr-2000
A company was granted a licence to enter on land, for surveys and technical investigations, with a view eventually to its purchase. The land was occupied by protesters, and the company sought an injunction to exclude them. It was held that the . .
Cited – Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown CA 4-Mar-1999
The claimant wished to construct a new runway on its own land, and it was necessary to carry out works, namely, that trees on nearby land should be lopped or felled so that they would not constitute an obstruction to the flight path. The claimant . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 18 November 2022; Ref: scu.180584