A prospective landlord and tenant applied to have the proposed tenancy excluded from security of tenure. The draft appended to the application had blanks for the dates, and a break clause.
Held: The intention was to demonstrate the parties understanding of what they might be losing by way of security, and that the lease need only be substantially of the same form as the draft. In addition the break clause did not prevent the lease being for a term certain. The lease was excluded from security depite the break clause.
Citations:
Gazette 02-Mar-2000, Times 21-Mar-2000, [2000] EWCA Civ 33, [2000] 13 EG 187
Links:
Statutes:
Landlord and Tenant Act 1954 38 (4)
Jurisdiction:
England and Wales
Citing:
Cited – Nicholls v Kinsey CA 3-Feb-1994
The parties agreed a tenancy for 12 months, and thereafter to continue from year to year determinable by the landlord on twelve months’ notice. An order had been obtained from the court to exclude the tenancy from protection under the 1954 Act.
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 31 May 2022; Ref: scu.147066