An agreement was made on May 12 1890 for a tenancy for three years to commence on June 24 1890 and thereafter from year to year until determined. The landlord sued to recover rent after the tenant had given up possession. The tenant argued that no lease existed because it was a reversionary lease not under seal. The landlord sought to enforce the agreement under Walsh v Lonsdale.
Lord Esher MR said: ‘When the agreement is looked at, it is found that it assumes to create a tenancy for three years to begin at a subsequent date. Such a tenancy can at common law only be created by deed . . If, therefore, we look to the common law alone, this claim cannot be supported.’
Fry LJ said: ‘it was a sum which could be recovered in equity, provided the agreement under which it was claimed was one that would be enforced by a court of equity. Independently of this, there was no right to sue for it.’
Lopes LJ said: ‘By the joint operation of the Statute of Frauds and . . [the Real Property Act 1845], a lease for more than three years must be by deed. Here the agreement purports to create a term of more than three years, and it is clear that rent could not, at common law, have been recovered under that agreement.’
Judges:
Lord Esher MR, Fry LJ, Lopes LJ
Citations:
[1892] 2 QB 255
Jurisdiction:
England and Wales
Citing:
Cited – Walsh v Lonsdale CA 1882
Lonsdale purported to grant to Walsh a seven year lease with rent payable in advance. The lease was not embodied in a deed, and when Walsh went into possession, an annual tenancy with rent payable in arrear was created. Walsh did not pay in advance, . .
Cited by:
Cited – Long v Tower Hamlets London Borough Council ChD 20-Mar-1996
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued . .
Cited – Long v Tower Hamlets London Borough Council ChD 20-Mar-1996
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 15 May 2022; Ref: scu.263781