Under Section 10 of the 1951 Act an occupier might apply for obtain a new tenancy. The expiring tenancy had end immediately before the Act came into force or within two years of that date, ‘and would so come to an end by effluxion of time or by the expiration of a notice ‘ to quit given by the landlord’. The tenant died and his executors applied for a new lease under section 69(1). The County Court Judge heard a preliminary objection that the occupier was a tenant at will, and that as his occupation had not been determined by notice to quit and it was not a tenancy which expired by effluxion of time, it was not covered by section 10 of the 1951 Act. No notice to quit had been given, but also a tenancy at will did not fall within the protection afforded by the 1951 Act.
Held: Singleton LJ supported the view that a tenancy at will could not support an application for a new tenancy.
Judges:
Singleton LJ
Citations:
[1953] 1 WLR 1196
Statutes:
Leasehold Property (Temporary Provisions) Act 1951 10
Jurisdiction:
England and Wales
Cited by:
Cited – Wheeler v Mercer HL 31-Oct-1956
The freeholder sought possession of his premises occupied by the defendant over many years. The tenant said that he had the protection of the 1954 Act as a tenant at will. The landlord said that the occupation was not protected. The formal tenancy . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 01 May 2022; Ref: scu.267740