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Hagee (London) Ltd v A B Erikson and Larson (a Firm): CA 1975

Tenancy at Will not protectable by 1954 Act

A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while negotiations proceed is one of the classic circumstances in which a tenancy at will may exist.

Scarman LJ
[1975] CLY 1884, [1976] 1 QB 209, [1975] 3 All ER 234
Landlord and Tenant Act 1954
England and Wales
Cited by:
CitedCo-operative Insurance Society Ltd v Hastings Borough Council ChD 23-Jun-1993
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In . .
CitedClear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another Admn 14-Oct-2004
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted.
Held: The grants included the . .
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 . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Leading Case

Updated: 11 November 2021; Ref: scu.186343

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