D’Silva v Lister House Development Ltd: 1970

Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed and execution imports not only sealing the document, but also delivering it as an executed document.’ and ‘It is . . established by authority that negotiations subject to contract for the grant of a lease remain in a state of negotiation until exchange of lease and counter-part . . Accordingly that letter is a bar to any claim by the Plaintiff that there was a contract by correspondence, for the correspondence must, I think, be taken as correspondence in the course of negotiations which were conducted upon the footing that everything would remain in a state of negotiation until exchange of lease and counterpart. ‘ and ‘The letters relied on here are letters between solicitors and in the absence of special authority in my judgment, they cannot be relied upon as constituting a contract by correspondence’.


Buckley J


[1971] Ch 17, [1970] 1 All ER 858


Landlord and Tenant Act 1954 Part II, Law of Property Act 1925 74(1)


England and Wales


CitedEccles v Bryant and Pollock CA 1947
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the . .

Cited by:

CitedHussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji v Mount Cook Land Limited CA 21-Dec-2000
The claimants sought a new lease under the Act. They were assignees and sureties of an underlease of the premises, but a new underlease had been taken by a company through which the partnership had intended to trade. The partnership had paid rent in . .
CitedBolton Metropolitan Borough Council v Torkington CA 31-Oct-2003
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later.
Held: Under the 1985 Act completion would require writing, intention and . .
CitedEvans v James (Administratrix of the Estate of Thomas Hopkin Deceased) CA 5-Jul-1999
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
CitedJavad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
CitedKatana and Another v Catalyst Communities Housing Ltd CA 28-Jan-2010
The defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Legal Professions

Updated: 06 December 2022; Ref: scu.184136