The lease in was to let the premises for a term of three years commencing from October the 12th, 1914, at a weekly peat of pounds 2 to be paid every week.
Held: Where a tenant holds over after the expiry of the lease and pays, or expressly agrees to pay, any subsequent rent, at the previous yearly rate, a new tenancy may be created upon the same terms and conditions as those contained in the expired lease, so far as applicable to and not inconsistent with a yearly tenancy.
Maugham J referred to an old case where the principle was applied where the rent was a yearly rent, 20 guineas a year, but it was to be paid weekly; and said: ‘In the present case, the lease or agreement is one for three years at a rent of pounds 2 a week. It is not a lease for three years at a rent of pounds 104 per annum payable weekly: and it is observable that pounds 2 a week is a rent which, as we all know, is not exactly divisible into the number of days either of an ordinary year or of a leap year. I cannot find, and counsel have been unable to find, any case exactly in point; but I have come to the conclusion that there is no reason for extending the views, which are binding on me, as to the terms which justify the inference that a tenancy is from year to year, and that in this case, narrow as the distinction is, the holding over of the premises after the expiration of the agreement of October 10, 1914, would have resulted only, and did result only, is the tenant’s being a tenant from week to week’.
Maugham J
[1930] 1 Ch 304, [1929] All ER 667, (1929) 46 TLR 171
England and Wales
Cited by:
Cited – Adler v Blackman CA 5-Nov-1952
A weekly tenant entered into an agreement with his landlord for tenancy for 1-year of a shop premises at a rent of pounds 3 a week period at the end of the year who held over at the same round and later was given notice to quit on the basis that he . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.653200
