The court considered the nature of the habendum in a lease. Stamp LJ said: It is well settled that the habendum in a lease only marks the duration of the tenant’s interest, and that the operation of the lease as a grant takes effect only from time of its delivery . . The expression ‘the duration of the term’ connotes the period in which the term is to continue, and it cannot start until it is created. Until then there is no tenancy and no interest in the tenant.’
Judges:
Stamp LJ
Citations:
[1972] Ch 278
Jurisdiction:
England and Wales
Cited by:
Cited – Ravenseft Properties Ltd v Hall; White v Chubb; similar CA 19-Dec-2001
Parties appealed decisions as whether assured shorthold tenancy notices were valid despite errors.
Held: If, notwithstanding errors or omissions, the substance of the notice was sufficiently clear to the reasonable person reading it, then the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 May 2022; Ref: scu.228579
