In 1934 or 1935 the landlord granted to the tenant a lease of a lock-up fish shop for a period of 7 years, at a rent of pounds 3 payable weekly in advance. The tenant paid that amount every Monday throughout the term of the lease and thereafter until June 13 1946, when he was served with a notice to quit expiring on June 24th, 1946. The lease and counterpart were lost or destroyed, and the exact contents thereof were unknown. The landlord claimed possession.
Held: the proper inference to be drawn from the circumstances was that there was a yearly tenancy on the termination of 7 years, and the action therefore failed.
MacNaghten J
[1947] 2 All ER 140
England and Wales
Cited by:
Doubted – Adler v Blackman CA 5-Nov-1952
A weekly tenant entered into an agreement with his landlord for tenancy for 1-year of a shop premises at a rent of pounds 3 a week period at the end of the year who held over at the same round and later was given notice to quit on the basis that he . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 October 2021; Ref: scu.653201
