Conveyancing: requisitions on title
There is no duty to reply to ‘requisitions’ which are too vague to be classified as such. Nevertheless, the seller remains under a duty to meet the contractual requirement to show and give good title (Continental Zone Ltd v More Glory International Ltd)
Periodic tenancy: implied: relevant factors
When the courts are considering whether or not an implied periodic tenancy has been created, the fact that T is in possession of L’s land and paying rent at regular intervals is a relevant (sometimes decisive) factor but there can be other relevant factors that reinforce or contradict the suggestion that an implied periodic tenancy has been created (Javad v Aqil).
Periodic tenancy: implied: holding over: relevance of intervals at which rent is paid
Where an implied periodic tenancy arises as a result of a holding over at the end of a fixed term, the intervals at which rent was payable (and according to which it was expressed) are a strong indicator as to the nature of the periodic tenancy (Adler v Blackman)
Periodic tenancy: holding over
Where a tenant remains in possession at the end of a fixed term and the landlord accepts rent, it is an open question as to whether or not a periodic tenancy has been created (there is no presumption to this effect) (Longrigg, Burrough and Trounson v Smith)
Priorities
After Financial and Investment Services for Asia Ltd v Baik Wha International Trading Co Ltd, it is clear that the court can look at the substance of the competing interests (and then consider the impact of registration or a failure to register) (Silver Hope Ltd v Chan Kwai Wah Alice)
