An instrument containing words of present demise will operate as a lease, if such appear to be the intention of the parties, though it contain a clause for a future lease or leases; as where the one thereby agrees to let, and the other agrees to take land for 61 years at a certain rent for building, and the tenant agreed to pay out 2001 within 4 years in building 5 or more houses, and when 5 houses were covered in the landlord agreed to grant a lease or leases, (which might be for the more convenient underletting or assignment of the leases), but this agreement was to be considered binding till one fully prepared could be produced.
Citations:
[1810] EngR 52, (1810) 12 East 168, [1810] 104 ER 66
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Truro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 19 November 2022; Ref: scu.296311
