The tenant said that the landlord local authority had accepted his surrender of his lease by granting a new one, but the new lease was void as ultra vires.
Held: Not even the surrender of their old lease on the promise to grant the new one assisted them. The old lease would not be deemed surrendered unless the new lease was granted by deed. The defendants made a new lease, which was void: ‘It would be absurd if the same result were to be achieved as had been intended by the Agreement and which led to that Agreement being ultra vires, merely because the court has declared the Agreement void and put a notional contract of employment in its place. It would be achieving by a different means the same improper purpose, and that is something which the law cannot contemplate.’
Citations:
[1959] 1 WLR 465, [1959] 1 All ER 257
Jurisdiction:
England and Wales
Cited by:
Cited – Malone, Malone, Goldstein v Bircham and Co Nominees (No 2) Ltd, Stowell, Visortuning Ltd ChD 19-Dec-2003
Houseowners around a square had variously enfranchised their properties, but were now in dispute as to the management of the communal garden.
Held: Though the company was unable to recover the legal costs in the absence of an express power, . .
Cited – London Borough of Bexley v Maison Maurice Ltd ChD 15-Dec-2006
The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Local Government, Landlord and Tenant
Updated: 27 November 2022; Ref: scu.191986