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Marcroft Wagons Ltd v Smith: CA 1951

Denning LJ discussed the situation of a tenant holding over after his lease had expired: ‘If the acceptance of rent can be explained on some other footing than that a contractual tenancy existed, as, for instance, by reason of an existing or possible statutory right to remain, then a new tenancy should not be inferred.’

Judges:

Denning LJ

Citations:

[1951] 2 KB 496

Jurisdiction:

England and Wales

Cited by:

CitedJavad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 18 June 2022; Ref: scu.352249

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