A tenant in the house let it to K at a fixed rent, with a lease at the same rent ‘at any period he may feel disposed’ and more not to molest or disturb him or raise his rent after Kusel had spent money to improve the house. K spent the money and now sought specific performance of the agreement as against the landlord’s personal representative. The court at first instance had held that he was entitled to an underlease of his landlord’s term less one day.
Held: The landlord’s appeal failed. The agreement meant that he should be granted a lease for the residue of his landlord’s term less on day, if he should so long live.
Judges:
Sir George Jessel MR
Citations:
(1879) 11 Ch D 129
Cited by:
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: 06 May 2022; Ref: scu.448474