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Nicholls v Kinsey: CA 3 Feb 1994

The parties agreed a tenancy for 12 months, and thereafter to continue from year to year determinable by the landlord on twelve months’ notice. An order had been obtained from the court to exclude the tenancy from protection under the 1954 Act.
Held: The agreement and order taking the tenancy out of Part II protection was void because it was not a term of years certain. The term was a protected term.

Citations:

Ind Summary 07-Feb-1994, Times 03-Feb-1994, [1994] QB 600, (1994) 69 P and CR 438

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Cited by:

CitedThe Receiver for the Metropolitan Police District v Palacegate Properties Ltd CA 9-Feb-2000
A prospective landlord and tenant applied to have the proposed tenancy excluded from security of tenure. The draft appended to the application had blanks for the dates, and a break clause.
Held: The intention was to demonstrate the parties . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.84293

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