The tenant had received the landlord’s notice regarding renewal of the tenancy, and replied requesting a new tenancy, and later applied to the court. Before the end of the contractual term, the tenant vacated the property. The landlord claimed for rent for the period after the expiry of the contractual tenancy when the tenancy was extended by the Act.
Held: Section 64(1)(c) would continue the tenancy automatically, but only where the tenant had applied to court. The tenant having vacated the premises, the there was no occupation upon which to found an extended tenancy. It might be practical for tenants having served a notice but then deciding not to apply to court, to notify the landlord of their intention to let the tenancy expire.
Judges:
Lord Justice Potter, Lady Justice Arden and Sir Denis Henry
Citations:
Times 12-Apr-2002, Gazette 10-May-2002, [2002] EWCA Civ 367, [2002] 14 EG 126, [2002] 4 All ER 143, [2002] 1 WLR 2106
Links:
Statutes:
Landlord and Tenant Act 1954 25(1) 64(1)
Jurisdiction:
England and Wales
Citing:
Applied – Esselte Ab and British Sugar Plc v Pearl Assurance Plc CA 8-Nov-1996
The tenant was no longer in occupation of the demised premises when he served a s27 notice.
Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 June 2022; Ref: scu.168539