Church Commissioners for England v Meya: CA 21 Jun 2006

The commissioners let a flat to the tenant on an assured shorthold tenancy for a year less one day with the rent payable quarterly. The tenancy continued as a statutory periodic tenancy. The court was asked whether the statutory tenancy was an annual or quarterly tenancy. The landlord had given three months’ notice. The tenant said one year was required.
Held: The landlord’s appeal succeeded. ‘Whilst for the sake of consistency one might hope that the new statutory regime would be introduced to reflect the common law, there is no presumption in this case that it should do so. The words have to be given their ordinary meaning.’ The statutory tenancy becomes one ‘under which the periods of the tenancy are the same as [the periods] for which rent was last payable under the fixed term tenancy.’ Though the rent was expressed annually, it was payable quarterly, and therefore the statutory tenancy was quarterly.


Lord Justice Ward The Hon Mr Justice Cresswell Lady Justice Smith


[2006] EWCA Civ 821, Times 04-Jul-2006




Housing Act 1988 5(3)(d)


England and Wales


CitedAdler v Blackman CA 1953
The agreement granted a tenancy to ‘hold for the term of one year . . at the inclusive weekly rent of andpound;3 payable weekly in advance on Monday in each week during the whole of the tenancy’. The question was whether a week’s notice was adequate . .
CitedLaine v Cadwallader CA 26-May-2000
The landlord granted an assured shorthold tenancy for six months fixed at andpound;390 ‘per calendar month payable every two months in advance’. Clause 5 allowed the tenant to terminate the agreement with ‘at least one month’s written notice’. The . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 06 July 2022; Ref: scu.242654