The parties entered into a parole agreement for a seven year lease did not comply with the Statute of Frauds. The tenant nevertheless entered and paid a yearly rent.
Held: He was tenant from year to year on the terms of the agreement. Lord Kenyon CJ said: ‘Though the agreement be void by the Statute of Frauds as to the duration of the lease, it must regulate the terms on which the tenancy subsists in other respects, as to the rent, the time of year when the tenant is to quit, etc.
Now, in this case, it was agreed, that the defendant should quit at Candlemas; and though the agreement is void as to the number of years for which the defendant was to hold, if the lessor choose to determine the tenancy before the expiration of the seven years, he can only put an end to it at Candlemas.’
Judges:
Lord Kenyon CJ
Citations:
(1793) 5 Durn and East 471
Jurisdiction:
England and Wales
Cited by:
Cited – Prudential Assurance Co Ltd v London Residuary Body and Others HL 16-Jul-1992
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 01 May 2022; Ref: scu.259626