The parties had entered into an agreement for a lease, but had not specified a date for its commencement.
Held: In the case of a lease or agreement to lease, the essential terms will usually be the parties, the premises, the term and the rent. In the case of an agreement for a lease, unless the length of the term and the commencement of the term are defined, the general position is that the agreement is uncertain and therefore not binding on the parties
Lord Denning MR said: ‘it has been settled for all my time, that in order to have a valid agreement for a lease, it is essential that it should appear, either in express terms or by reference to some writing which would make it certain, or by reasonable inference from the language used, on what day the term is to commence.’
Lord Denning MR
[1965] 1 WLR 1025, [1965] 2 All ER 786
England and Wales
Citing:
Cited – Marshall v Berridge CA 19-Nov-1881
The court was asked as to the validity of an agreement for lease.
Held: Lush LJ said: ‘there must be a certain beginning and a certain ending otherwise it is not a perfect lease and a contract must in order to satisfy the Statute of Frauds, . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 14 November 2021; Ref: scu.246711