The parties had contracted for the letting of land and transfer as in personam of a chalet erected upon it. The parties having completed the deals could not then agree what was to have been paid.
Held: The first agreement was void for common mistake and that the second should be set aside or rescinded in equity. They had both acted in ignorance of the chalet having become part of the land, and that though a statutory tenancy had come into being, it was right to unravel the arrangement even after some considerable time and after improvements.
Judges:
Chadwick LJ, Thorpe and Morritt LJJ
Citations:
Gazette 03-Nov-1999, Gazette 03-Dec-1999, (1999) 32 HLR 716
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Islington v Uckac and Another CA 30-Mar-2006
The council’s tenant had unlawfully secured assignment of a secure tenancy to the defendant. The council sought possession.
Held: A secure tenancy granted by an authority pursuant to a misrepresentation by the tenant is nonetheless valid. The . .
Lists of cited by and citing cases may be incomplete.
Land, Landlord and Tenant
Updated: 11 May 2022; Ref: scu.84392
