Binions v Evans: CA 27 Jan 1972

The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will.
Held: The tenancy was not a tenancy at will. However because no rent was paid, the lease could not be converted under the 1925 Act to one of 99 years.


Lord Denning MR, Megaw, Stephenson LJJ


[1972] 2 All ER 70, [1972] Ch 359, [1972] EWCA Civ 6, [1972] 2 All ER 70, [1972] Ch 359, [1972] 2 WLR 729, [1972] EWCA Civ 6, [1972] 2 WLR 729




Law of Property Act 1925 149(6)


England and Wales


CitedDoe dem Warner v Browne 1807
The parties agreed a lease at a rent of andpound;40 per annum. The landlord was not to raise the rent nor turn out the tenant ‘so long as the rent is duly paid quarterly, and he does not expose to sale or sell any article that may be injurious to W . .
CitedLace v Chantler CA 1944
The freeholder purported to let the house to the tenant ‘for the duration of the war’
Held: The term was uncertain, and therefore no lease was created.
Lord Green MR said: ‘The intention was to create a tenancy and nothing else. The law . .
CitedBuck v Howarth 1947
A man, for no consideration, gave another permission to stay in a cottage until he died.
Held: It was not a lease but only a tenancy at will. . .
CitedBannister v Bannister 1948
A claim that the owner had agreed to let the occupier live in a cottage rent free for as long as she wished was treated as a claim based on constructive trust, on the basis that the purchaser fraudulently set up ‘the absolute character of the . .
CitedAddiscombe Garden Estates Ltd v Crabbe CA 1957
The trustees of a tennis club took possession of tennis courts and a clubhouse under a lease, and sought a new lease under the 1954 Act. The landlord said that they were only licensees and in any event were not entitled to a new lease since they . .
CitedIn Re Carne’s Settled Estates 1899
A right to occupy for life, arising by settlement gives to the occupier an equitable interest in the land. . .
CitedRe Boyer’s Settled Estates 1916
A right to reside shared by two persons was recognized as a valid and effective right. Sargant J said: ‘I think that the effect of s58 is, broadly speaking, to give to the large class of persons comprised in the nine headings of subs(1) of s58 the . .
CitedShell-Mex v Manchester Garages CA 1971
The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the . .
CitedErrington v Errington and Woods CA 19-Dec-1951
There was a contract by a father to allow his son to buy the father’s house on payment of the instalments of the father’s Building Society loan.
Held: Denning LJ reviewed the cases and said: ‘The result of all these cases is that, although a . .
CitedFoster v Robinson CA 1950
Where a tenant has purported to surrender his lease, but has not succeeded, and the tenant changes his situation, the landlord may be estopped from asserting that the lease continues. . .

Cited by:

CitedChaudhary v Yavuz CA 22-Nov-2011
The court was asked ‘whether and if so how an easement arising informally and not protected by any entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised.’ The parties respectively . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 June 2022; Ref: scu.262744