The parties intended to sell and buy a property. The defendant was allowed into possession pending the arrangement of a mortgage and exchange of contracts. The sale fell through and the owner sought possession. The defendant had paid outgoings and a small amount of rent and claimed a tenancy following Street v Mountford.
Held: The court refused the owner’s appeal against the finding that a tenancy had been created. There existed an enforceable contract giving exclusive possession for a rent for a periodic term. The possibility of a contract for the sale of the property was not enough to displace the found intention to create a tenancy.
[1986] 1 EGLR 172, (1986) 278 EG 615
England and Wales
Land, Landlord and Tenant
Leading Case
Updated: 01 November 2021; Ref: scu.259633