Cole v Kelly: CA 1920

In the absence of a contrary intention a concurrent lease passes to the concurrent lessee the concurrent lessor’s accrued rights under the existing lease. The landlord has granted to the second lessee a pro tanto disposition of the reversionary estate.
Asprey J explained a holding over: ‘A holding over occurs where, after the expiration of the term originally granted, the tenant continues in possession with the consent of the landlord but without prior agreement as to the terms upon which the possession of the subject property is to be retained, which situation gives rise to a tenancy at will which tenancy by a subsequent payment of rent or by subsequent agreement may be converted into a tenancy of more fixed duration, e.g. weekly, monthly, etc.’
Atkin LJ said that where, after the termination of any tenancy, the tenant holds over, and ‘the facts do not exclude an implied agreement to hold upon the terms of the old lease,’ then impliedly the old terms remain.


Asprey J, Bankes LJ, Atkin LJ


[1920] 2 KB 10


England and Wales

Cited by:

CitedBennett Properties v H and S Engineering QBD 14-Oct-1998
The parties had been landlord and tenant and the lease was to be renewed for a second time. They negotiated and ageed terms for the next lease, including particularly a new rent, but the tenant did not execute the new lease. The landlord had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 18 June 2022; Ref: scu.352247