A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there.
Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor vehicles were not anticipated in the lease, but the words were not restricted to goods offered for sale. Nevertheless, the term ‘premises’ within the lease was to be construed not as the building, but as the entire habendum. The tenant was therefore not to be prevented from parking vehicles within the demised land.
Judges:
Lord Justice Ward And Lord Justice Rix
Citations:
[2001] EWCA Civ 1833
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Stadium Finance Ltd v Robbins 1962
A motor car was goods for the purposes of the Act. The word ‘goods’ in the section does not appear to have anything other than the ordinary meaning, there is no reason why (a motor car) does not come within the definition ‘goods’. The word ‘goods’ . .
Cited – Earl of Lonsdale v Attorney-General 1982
The task of interpretation a lease has to be carried out against the background knowledge which would reasonably be available to the contracting parties in the situation in which they were at the time of the execution of the lease, applying the . .
Cited – Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck) CA 1990
When a contract is to be construed purposively, the court must look to the purposes of both parties, not just one of them. No apportionment was to be applied under the 1945 Act: ‘Similarly, we think that the facts and circumstances of the present . .
Cited – Whitley v Stumbles HL 1930
The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act.
Held: The standard conveyancing meaning of the word ‘premises’ has long . .
Cited – Bracey v Read 1963
A tenancy of land used for training horses was a business tenancy within the 1954 Act. The word ‘premises’ is not defined in the Act. Its legal meaning is the subject matter of the habendum in a lease, and it would cover any sort of property of . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 05 June 2022; Ref: scu.167848