A lease was created of a shop, dwellings and out-buildings. By clause 6 the tenant had a right to renew the lease, with the new lease creating the same provision. The defendant claimed that as a perpetually renewable lease it took effect as a lease of 2,000 years. The landlord said it allowed only one renewal.
Held: The lease was explicit in its terms and had created a perpetually renewable lease.
Nourse J
[1980] EWHC Ch 1, [1981] 1 EGLR 41, [1980] 125 Sol Jo 199
Bailii
Law of Property Act 1922 Schedule 15, paragraph 5
England and Wales
Citing:
Cited – Baynham v Guy’s Hospital 1796
A legal deed is not to be construed by reference to the acts of the parties. . .
Cited – Caerphilly Concrete Products Ltd v Owen CA 5-Nov-1971
A lease contained an agreement by the landlord to grant a lease for a further term of five years ‘at the same rent and containing the like covenants and provisos as are herein contained (including an option to renew such lease for the term of five . .
Cited – Parkus v Greenwood ChD 1950
In the lease, the landlord agreed to grant a further lease: ‘for a further term of three years from the expiration of the said term at the same rent and containing the like agreements and provisions as are herein contained, including the present . .
Cited – Green v Palmer 1944
The tenant had a six monthly tenancy of furnished premises. He said that a right given by the agreement to a renewed lease which was again to include the right to a new lease, made it perpetually renewable under the 1922 Act.
Held: No . .
Cited – Swinburne v Milburn HL 1884
In construing a covenant in a lease with the effect of providing that it will be perpetually renewable, the same approach should be taken as with any other clause or contract. The parties’ intentions are to be deduced from the words used in the . .
Cited – Moore v Foley 1801
Prima facie, a lessor will be taken not to have intended to create a perpetually renewable lease, but the court will give effect to such if there is in the lease clear evidence of such an intention. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 20 December 2021; Ref: scu.245431
