Hutchison and others v B and DF Ltd: ChD 3 Oct 2008

The claimants sought an order declaring that the defendant had a tenancy and requiring it to execute an appropriate lease. The landlords said that the tenant had a continuation lease under the 1954 renewal procedure, and the tenants said they had only a tenancy at will.

Peter Smith J
[2008] EWHC 2286 (Ch)
Bailii
Landlord and Tenant Act 1954 25 27
England and Wales
Citing:
CitedRossiter v Miller 1873
There is no significance in the fact that a formal written agreement, whether executed or not, is in different terms to the oral discussions leading up to it, subject of course to the appropriate authority of those who have executed it.
Lord . .
CitedWinn v Bull ChD 19-Nov-1877
By an agreement in writing, the defendant agreed with the plaintiff to take a lease of a house. The other details were included, but the agreement was ‘subject to the preparation and approval of a formal contract’. The plaintiff sought specific . .
CitedBranca v Cabarro CA 1947
The fact that the parties might contemplate the possibility of a further written agreement, does not prevent an original agreement being effective as a contract. . .
CitedLondon and Regional Investments Ltd v TBI Plc and Another ChD 1-Mar-2001
. .
CitedLondon and Regional Investments Ltd v TBI Plc and Others CA 22-Mar-2002
TBI was a property investor and developer with several subsidiaries. It agreed to sell some to London and Regional. The agreement provided for the vendor and the purchaser to use reasonable endeavours to agree the terms of a joint venture agreement . .
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

Updated: 19 January 2022; Ref: scu.276681