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Weekly review: 8th – 12th April 2013
Adverse possession Once a squatter is in possession of land, this possession is not lost by virtue simply of a later scaling down of its activities there. Trivial activity on the land by the paper...
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Tenant holding over on expiry of fixed term: rent expressed to be weekly
In Ladies’ Hosiery and Underwear Limited v Parker ([1930] 1 Ch. 304) T held over at the end of a three year lease. The rent was paid weekly and was expressed as a weekly rent. During the holding over,...
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Periodic tenancy: landlord and tenant can have different notice arrangements
In Allison v Scargall ([1920] 3 K.B. 443) L granted T a yearly tenancy. Either side could determine the tenancy by giving 6 months’ notice to expire on the following 6th April. L also had the right to...
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Periodic tenancy: restriction on right of landlord to serve notice to quit
Breams Property Investment Co Limited v Stroulger ([1948] 2 K.B. 1, CA (Eng)) concerned a quarterly tenancy. The landlord was prohibited from serving notice to quit for three years unless it needed...
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Yearly tenancy: notice to quit expiring on anniversary of commencement
Sidebotham v Holland ([1895] 1 Q.B. 378, CA (Eng)) concerned a yearly tenancy that began on 19th May 1890. On 17th November 1893, L served notice to quit on 19th May 1894. There was a question as to...
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Notice to quit brings a periodic tenancy to an end
Clarke v Grant ([1950] 1 K.B. 104, CA Eng) concerned a yearly tenancy. The landlord served notice to quit but then accepted rent paid in advance. The question was whether the landlord was therefore...
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Weekly review: 15th – 19th April 2013
Periodic tenancy: creation: holding over There is no yearly tenancy where a tenant holds over at the end of a fixed term without paying rent and where there is no evidence of an intention to create a...
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Notice to quit brings tenancy to an end at midnight on the last day of the...
Crate v Miller ([1947] K.B. 946, CA (Eng)) concerned a weekly tenancy that began on a Saturday. The landlord served notice to quit on 5th July to expire on Friday 19th July. The question was whether...
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Clerical errors in notice exercising right to give notice to determine a lease
In Carradine Properties Ltd v Aslam ([1976] 1 W.L.R. 442) a lease included a break clause giving the landlord the right to determine the lease on September 27 1975. By mistake, the notice (served in...
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Break clauses and notices to quit: validity determined by reference to...
In Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd ([1997] A.C. 749, HL) two leases contained break clauses giving T the right to terminate the lease by a notice to expire on 13 January...
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Construction of notice exercising break right
Trafford MBC v Total Fitness (UK) Ltd ([2002] EWCA Civ 1513, CA (Eng)) concerned a six year lease. L had the right to bring it to an end at any time by giving two weeks’ notice. L purported to exercise...
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Service of notice to quit on agent living at the property
In Tanham v Nicholson ((1871 – 72) L.R. 5 H.L. 561, HL) L served notice to quit on T’s daughter who lived at the property. She could be thought of as T’s agent. She never told her father of the notice...
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Weekly review: 22nd – 26th April 2013
Break clause The draftsman of a notice exercising the right to determine a lease pursuant to a beak clause may expressly provide that the day of service is to be included in the calculation of the...
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Head landlord’s failure to end periodic tenancy: invalidity of dealings with...
In Lew See-Chun v Yu Kin-Keung ([1995] HKDCLR 65, LT) L granted a yearly periodic tenancy to T who granted two sub-leases to ST1 and ST2 respectively. L did not bring the periodic tenancy to an end but...
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Commencement date of an implied periodic tenancy when a tenant holds over on...
In Croft v William F Bly Ltd ([1919] 2 Ch. 343, CA (Eng)) T held over at the end of a fixed term (Christmas day 1916). The rent during the fixed term was a yearly rent payable quarterly on the usual...
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Weekly tenancy: notice to quit
Lemon v Lardeur ([1946] K.B. 613, CA (Eng)) concerned a four weekly tenancy of a house. Notice to quit, signed by L’s husband (H), was served on T. The English Court of Appeal found that the notice was...
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Execution of deed on behalf of mainland company: presumption of due execution
In Liu Xiaodong v Chase Eagle Development Limited ([2013] 1 HKLRD 933, CFI) a mainland company (C) gave W a power of attorney to sign a deed on its behalf. The attestation clause read: ‘SEALED with the...
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Weekly review: April 29 – May 3 2013
Conveyancing: execution by Mainland companies An opinion from a mainland lawyer to the effect that the person giving the opinion was a mainland lawyer applying mainland law and that the execution was...
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Part performance: contract unregistered and in breach of New Grant
In Silver Hope Ltd v Chan Kwai Wah Alice ([2013] 1 HKLRD 823, CFI) W had entered into a contract to purchase the property in 1996. The contract amounted to a breach of the New Grant covenants...
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Conveyancing: Imprecise requisitions: substantial performance
In Continental Zone Ltd v More Glory International Ltd ([2013] HKEC 568, CFI) M had entered into an agreement to sell property to C. In August 2011, C raised the following requisition: ‘Please take...
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