The freeholder sought possession of his premises occupied by the defendant over many years. The tenant said that he had the protection of the 1954 Act as a tenant at will. The landlord said that the occupation was not protected. The formal tenancy had been terminated before the 1954 Act came in, but the tenant had stayed in occupation after losing the right to have a new tenancy as the new Act came in.
Held: A tenancy at will, whether created in writing or orally did not achieve protection under the 1954 Act. Section 69 defined a tenancy in such a way as to exclude a tenancy at will.
Judges:
Viscount Simonds, Lord Morton of Henryton, Lord Cohen, Lord Keith of Avonholm, Lord Somervell of Harrow
Citations:
[1957] AC 416, [1956] UKHL 5, [1956] 3 All ER 631
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Martinali v Ramuz CA 1953
Under Section 10 of the 1951 Act an occupier might apply for obtain a new tenancy. The expiring tenancy had end immediately before the Act came into force or within two years of that date, ‘and would so come to an end by effluxion of time or by the . .
Cited – Morgan v William Harrison Limited 1907
In some cases the relation of tenant at will may be expressly created by contract. . .
Cited by:
Applied – Cricket Ltd v Shaftesbury plc ChD 16-Dec-1998
The tenant had had two six month tenancies followed by a tenancy at will. He sought protection under the 1954 Act, saying that the total term exceeded 12 months.
Held: A period which did not itself qualify under the Act could not be aggregated . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 23 June 2022; Ref: scu.216562