The tenant was let into parochial property by the parish officers making an entry in the vestry book ‘We the churchwardens and overseers of P., do hereby agree to let to JB of . . . The newly erected cottage . . Situate . . . At the rent of 1s 6d per week: and JB doth hereby agree to quit and deliver up the cottage into the hands of the parish officers at any time on one month’s notice from the churchwardens and overseers for the time being, or one of them, or by their order . . The rent, as above stated, to commence from the date hereof, Witness’ etc. The entry was signed by the overseer and by the defendant. The tenant occupied the property for 21 years, but paid no rent. He was then given a notice to quit, but stayed a further five years paying no rent and then selling the cottage. The circumstances were known to the parish officers thhroughout the period.
Held: If the officres as lessors were enitled to maintain an action, a notice to quit was unnecessary because the defendant had disclaimed. The document was for a sufficiently determinate period to constitute a lease. Being for less than three years it could be granted without writing only if all the parish officers concurred.
Citations:
(1851) 17 QB 589, 21 LJQB 57, 18 LTOS 135, 15 JP 816, 16 Jur 100, 117 ER 1406
Jurisdiction:
England and Wales
Cited by:
Cited – Long v Tower Hamlets London Borough Council ChD 29-Mar-1996
The landlord’s agents wrote to the proposed tenant offering a quarterly tenancy of the premises. The tenancy was to commence at a future date. The defendant endorsed the letter and returned it to say he would abide by the terms, and he was allowed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 May 2022; Ref: scu.223187
