The freeholder purported to let the house to the tenant ‘for the duration of the war’
Held: The term was uncertain, and therefore no lease was created.
Lord Green MR said: ‘The intention was to create a tenancy and nothing else. The law says that it is bad as a tenancy. The court is not then justified in treating the contract as something different from what the parties intended, and regarding it merely as a contract for the granting of a licence. That would be setting up a new bargain which neither of the parties ever intended to enter into. The relationship between the parties must be ascertained on the footing that the tenant was in occupation and was paying a weekly rent. Accordingly, it must be the relationship of weekly tenant and landlord and nothing else.’
Judges:
Lord Green MR
Citations:
[1944] 1 All ER 305, 113 LJKB 282, 170 LT 185, 60 TLR 244, 88 Sol Jo 135, [1944] 1 KB 368
Jurisdiction:
England and Wales
Cited by:
Cited – Mundy v Hook CA 18-Jul-1997
The court was asked whether an agreement was an assured shorthold tenancy agreement with the 1988 Act. The agreement incorrectly stated a date which would have terminated the secure tenancy after five not six months. There was also disagreement . .
Cited – Binions v Evans CA 27-Jan-1972
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other . .
Not followed – In re Midland Railway Co’s Agreement, Charles Clay and Sons Ltd v British Railways Board CA 1971
The lease agreement created a term for six months from 10 June 1920 and was to continue from half year to half year until determined. It was to be determined by three months’ written notice given by either party to the other provided that the . .
Confirmed – Prudential Assurance Co Ltd v London Residuary Body and Others HL 16-Jul-1992
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The . .
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: 12 May 2022; Ref: scu.189990