The plaintiff’s lessor had leased a house in London to the defendant for seven years, and, after the seven expired, had accepted a quarter’s rent, whereby a tenancy at will was created; and it was proved by an ancient city-book in French (called liber albua) that by the custom of the City of London, every tenant at will of above 40s. per annum, in the city, ought to give or have half a years warning; and if under 40s. a quarter’s warning, and the lessor of the plaintiff had given no such warning (the house being about 40s. per annum) to the defendant before the ejectment brought.
It was urged for the plaintiff, that this custom doth not alter the nature of an estate at will, as to the determination of it, for then instead of being an estate at will, it would become a fixed estate for half a year, andc. but the meaning is, that if the landlord ousts his tenant without such warning, he may have his remedy upon the custom, and to that opinion Holt inclined.
Citations:
[1724] EngR 303, (1724) Comb 383, (1724) 90 ER 543 (B)
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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
Updated: 05 May 2022; Ref: scu.389407