The tenant had occupied the premises under a long lease which expired by effluxion of time. The landlord failed to take any steps to retake possession, and the tenant continued as a tenant at will, paying no rent. The landlord eventually issued proceedings, and the tenant objected that he had become a secure tenant, having satisfied sections 80 and 81 of the 1985 Act.
Held: The Act did not operate to give a tenant a secure tenancy where the occupier had ceased to be a tenant before the court was called upon for a possession order. Here the tenancy at will was determined by the notice to quit, and that the time the court made its decsion, there was no tenancy which could become secure.
Thorpe, Chadwick, Buxton LJJ
 EWCA Civ 292, Times 29-Mar-2005,  1 WLR 2520
Housing Act 1985 80 81, Leasehold Reform Act 1967
England and Wales
Cited – Chamberlain v Farr CA 1943
A prospective purchaser of a house (No 1 Falling Lane) under construction had agreed that, if he were allowed into occupation before completion, he would occupy, pending completion, as tenant at will, paying a weekly sum. In the event, the house not . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
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 . .
Cited – Harrison v Hammersmith and Fulham London Borough Council CA 1981
The court considered the relationship between statutory provisions and the terms of a tenancy agreement.
Held: Brandon LJ said: ‘In the various Housing and rent Acts the legislature did not seek to interfere with the common law principles on . .
Cited – Francis Jackson Developments Ltd v Stemp CA 1943
The landlord had served a notice determining a tenancy at will before commencing proceedings for possession.
Held: The provisions of the Rent Acts applied to premises let on a tenancy at will. Lord Greene: ‘In my opinion this tenancy was a . .
Cited – Remon v City of London Real Property Co Ltd CA 1921
The court was asked whether the plaintiff, a tenant of rooms to which (once enacted) the Act of 1920 applied and who had been excluded from possession by the landlord’s re-entry on the day that the Act came into force following service of a notice . .
Cited – Crane v Morris 1965
A tenancy at will can be determined by either party on his expressly or impliedly intimating to the other his wish that the tenancy should be at an end. The issuing of a writ claiming possession is a sufficient demand for possession to bring the . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.223628