Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease.
Held: The criticisms of the judge had some weight. As to whether the document created a lease: ‘a parole tenancy will take effect as an interest at will only, and will not suffice as a periodic tenancy for purposes of the 1954 Act, unless it falls within subsection 2 of section 54 as being a parole lease for a term not exceeding three years at the best rent.’
Judges:
Laws, Rix, Jacob LJJ
Citations:
[2008] EWCA Civ 283
Links:
Statutes:
Land Registration Act 2002 29, Law of Property Act 1925 54, Landlord and Tenant Act 1954 54(2)
Jurisdiction:
England and Wales
Landlord and Tenant, Registered Land
Updated: 14 July 2022; Ref: scu.266489