Candy v Jubber: 1865

The plaintiff had been injured by a defective iron grating which was out of repair so as to amount to a nuisance. The property was occupied by a yearly tenant but the claim was brought against the reversioner, who was held liable by the Court of Queen’s Bench. The defendant appealed to the Court of Exchequer Chamber on the ground that it was not alleged that the defendant knew of the nuisance, nor that it had existed prior to the commencement of the yearly tenancy.
Held: A tenancy from year to year, however long it continues, is a single term, not a series of separate lettings. The case was settled, but in the undelivered judgment Erle CJ said: ‘There frequently is an actual demise from year to year so long as both parties please. The nature of this tenancy is discussed in 4 Bac. Arb. tit. Leases and Terms for Years . . and this article has always been deemed to be the highest authority being said to be the work of Chief Baron Gilbert. It seems clear that the learned author considered that the true nature of such a tenancy is that it is a lease for two years certain, and that every year after it is a springing interest arising upon the first contract and parcel of it, so that if the lessee occupies for a number of years, these years, by computation from time past, makes an entire lease for so many years, and after the commencement of each new year it becomes an entire lease certain for the years past and also for the years entered on, and that it is not a reletting at the commencement of the third and subsequent years. We think this is the true nature of a tenancy from year to year created by express words, and that there is not in contemplation of law a recommencing or reletting at the beginning of each year’.
Erle CJ
(1865) 9 B and S 15
England and Wales
Cited by:
CitedHammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .

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Updated: 16 May 2021; Ref: scu.272275