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 about whether a garage was included in the let. The landlord having died, his personal representative sought rectrification of the agreement.
Held: The judge had found an agreement. The inclusion of the garage was a matter of construction, and did not go to whether there was any agreement at all. There had been an agreement as to terms which was nor reflected in the document. The agreement prevailed, and rectification had properly been ordered. There was no failure to comply with any statutory requirements, only a failure to record the true agreement.
Judges:
Simon Brown, Mummery LJJ
Citations:
[1997] EWCA Civ 2145
Statutes:
Jurisdiction:
England and Wales
Citing:
Distinguished – Lancaster v de Trafford 1862
The plaintiff had offered to work mines under the defendant’s land, paying a fixed rent with a royalty. No formal agreement was concluded, but the plaintiff sought specific agreement.
Held: There was no sufficient agreement and the claim for . .
Cited – Lace v Chantler CA 1944
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 28 April 2022; Ref: scu.142542