The claimants had taken up occupation of a farm under an informal arrangement which they now said amounted to a tenancy for ther lives. The freeholder’s, personal representatives of the original grantors, appealed against a declaration accordingly. The respondents said that they had spent over andpound;30,000 in repairs because of the agreement.
Held: The appeal succeeded. The alleged terms were not consistent with the grant of any lease or tenancy as there was no term certain. Nor had there been any written disposition, so that without compliance with section 54(2), no equitable interest could arise, nor any contract for such because of the 1989 Act. A retrial was ordered.
Sir A Morritt Ch, Hooper, Rafferyt LJJ
[2011] EWCA Civ 1387
Bailii
Law of Property Act 1925 149(6), Law of Property (Miscellaneous Provisions) Act 1989 2(1)
England and Wales
Citing:
Cited – Bank of Scotland v Pereira and Others CA 9-Mar-2011
The mortgagor sought to appeal against a mortgagee’s possession order. The Court of Appeal considered the interaction between an application under CPR rule 39.3 to set aside a default judgment and an application for permission to appeal under CPR Pt . .
Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Land
Updated: 31 October 2021; Ref: scu.449033
