In re Joll Gathercole v Norfolk: 1900

Collins LJ said: ‘At the end of the 12 years the possession of a tenant who has paid no rent becomes adverse during the whole time the adverse possession is validated by the statute, and it is not competent for the landlord to say that he still retains the right to recover rent which was not payable to him. I think that is emphasized by the position of a tenant under a lease for years as compared with that of a tenent under a lease from year to year. In the former case the non-payment of rent does not render the possession of th etenant adverse unless he pays rent to some person other than the lessor. But in the latter case the Legislature has treated the mere non-payment of rent by a tenant from year to year as a payment to some person other than the landlord.’

Judges:

Collins LJ

Citations:

(1900) 16 the Times LR 521, [1900] 2 Ch 616

Jurisdiction:

England and Wales

Cited by:

CitedMoses v Lovegrove CA 29-Apr-1952
The tenant had gone into possession under an oral agreement with a rent book. He ceased to pay rent or acknowledge the landlord’s right in 1938. In 1952 the landlord sought to recover possession, and now appealed a finding that the tenant had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 09 May 2022; Ref: scu.223191