Hussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji v Mount Cook Land Limited: CA 21 Dec 2000

The claimants sought a new lease under the Act. They were assignees and sureties of an underlease of the premises, but a new underlease had been taken by a company through which the partnership had intended to trade. The partnership had paid rent in response to demands sent to the company. The company had been struck off. A new lease was agreed, but the renewal procedure continued.
Held: A tenancy, or lease, is an interest in land springing from a consensual arrangement between two parties: one person grants to another the right to possession of land for a lesser term than he, the grantor, has in the land. The parties had negotiated and agreed terms. Possession continued under the new arrangement despite being formally subject to lease. A quarterly tenancy had been created.


Lord Justice Aldous, Lord Justice Mance and Mr Justice Charles


[2000] EWCA Civ 356




Landlord and Tenant Act 1954


England and Wales


CitedD’Silva v Lister House Development Ltd 1970
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The . .
CitedLongrigg, Burrough Trounson v Smith CA 1979
The defendant dealer in antiques also lived in the property with his wife. He refused to leave after the expiry of the term, claiming a Rent Act tenancy. The lessors had accepted rent from the defendant undertenant who contended that thereby a new . .
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 . .
CitedJT Developments v Quinn and Another CA 1990
The plaintiff told the defendant it was willing to grant a lease on the same terms as those contained in a new tenancy that the plaintiff had recently granted to the tenant of a nearby shop, also owned by the plaintiff. The defendant carried out . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 May 2022; Ref: scu.135623