Truro Diocesan Board of Finance Ltd v Foley: CA 22 Oct 2008

The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed possession. There had been a compromise under which he left possession for a day and then returned under an assured shorthold tenancy for five years. The deed of compromise did not itself contain any present words of demise, and so could not itself amount to a lease creating an immediate tenancy.

Lord Justice May, Lord Justice Moore-Bick and Sir John Chadwick
[2008] EWCA Civ 1162, Times 01-Dec-2008
Rent Act 1977, Housing Act 1988 34(1)(b)
England and Wales
CitedDibbs v Campbell 1988
. .
CitedBolnore Properties Ltd v Cobb 1996
. .
CitedPoole v Bentley 9-Feb-1810
An instrument containing words of present demise will operate as a lease, if such appear to be the intention of the parties, though it contain a clause for a future lease or leases; as where the one thereby agrees to let, and the other agrees to . .
CitedWalsh v Lonsdale CA 1882
Lonsdale purported to grant to Walsh a seven year lease with rent payable in advance. The lease was not embodied in a deed, and when Walsh went into possession, an annual tenancy with rent payable in arrear was created. Walsh did not pay in advance, . .
CitedWarman v Faithfull 25-Jan-1834
An instrument in writing, whereby A agreed to let premises to B, for seven, fourteen, or twentyone years (commencing at Christmas Day then next), at the option of B, at the yearly rent of 241., payable quarterly, the first payment to be made at the . .
CitedDoe Dem Pearson v Ries And Keapp 23-Jan-1832
K. agrees to let, and P. to take, a house in its unfinshed state, for the term of sixty years, being the whole term that K. has the same leased to him, at the rent of 5251, payable quarterly, the first payment to be made for the half quarter at . .
CitedPinero, one, &c v Judson and Another 7-Nov-1829
Agreement for a lease, with stipulation for the lessee to commence with laying out a cousiderable sum on the premises, (the lease to contain certain specified covenants,) ‘and in the mean time, and until such lease shall be executed, to pay rent, . .
CitedKay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .

Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 10 November 2021; Ref: scu.277113