The words in section 38(1) ‘purports to’ means ‘has the effect that’ so that an agreement to give up possession in two years when the lease would still have six years to run infringed section 38 as it would preclude an application or request for a new tenancy even though an actual surrender was permitted by section 24(2).
Lord Denning
[1967] Ch 78
Landlord and Tenant Act 1954 38(1)
England and Wales
Cited by:
Cited – Re Hennessey 1975
A long lease at a premium and a low rent comprised three rooms at the top of a building. Clause 7 provided that the landlord should be entitled to buy the residue of the lease for andpound;2,500 if either the tenant gave notice to the landlord that . .
Cited – Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others CA 4-Dec-2003
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase . .
Cited – Allnatt Properties Ltd v Newton ChD 1981
A business lease provided that if the tenant wished to assign, he must first offer a surrender to the landlord for the net premium value. If the landlord did not accept, then he could apply for consent to assign, such consent not to be unreasonably . .
Cited – Meretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .
Cited – Cameron Ltd v Rolls-Royce Plc ChD 12-Mar-2007
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 January 2022; Ref: scu.192032
