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Implied periodic tenancy on holding over? Open question in each case.
In Longrigg, Burrough and Trounson v Smith ([1979] 2 EGLR 42, CA (Eng) T refused to give up possession at the end of a fixed term. L tried to persuade T to leave and, when this failed, brought...
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Periodic tenancy: holding over when rent under fixed term was payable weekly
In Adler v Blackman ([1953] 1 Q.B. 146, CA (Eng)) L and T had been parties to a fixed term tenancy. The rent was a weekly rent (not a yearly or quarterly rent payable in monthly instalments). T held...
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Tenant allowed into possession during lease negotiations: periodic tenancy or...
In Javad v Aqil ([1990] 2 EGLR 82, CA (Eng)) L and T were negotiating a fixed term lease. L allowed T into possession during the term and accepted rent. The negotiations failed. The question was...
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Weekly review: 6th – 10th May 2013
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...
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Adverse possession: shared possession not enough
Lee Theatre Realty Ltd v Tong Wah Jor ([2013] HKEC 646, CA) was an adverse possession claim relating to a lane on land owned by L. T had built structures on the lane (indeed had both brought up a large...
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Quarterly tenancy determinable ‘at any time’. Did the notice have to expire...
In Lai Mai-yu v The Attorney-General ([1977] HKLR 382, SC) the Crown granted T a lease for a fixed term of one year and thereafter to be a quarterly tenancy. The lease provided that ‘the term hereby...
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Both parties must be able to bring a periodic tenancy to an end
In Centaploy Ltd v Matlodge Ltd ([1974] Ch. 1) the question was whether an agreement to grant a weekly tenancy ‘to continue until determined by the lessee’ was valid. It was held that it was not since...
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Fetter on landlord’s right to give notice to quit
Doe d Warner v Browne ((1807) 8 East 165, 103 E.R. 305) concerned a yearly tenancy. The agreement provided that the lessor could not bring the lease to an end so long as the lessee paid the rent and...
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Weekly review: 13th – 16th May
Adverse possession Whether or not acts of possession done on parts of an area would establish title to the whole area is a matter of degree (Lee Theatre Realty Ltd v Tong Wah Jor, Cheung JA) Periodic...
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Periodic tenancy: Government’s right to resume possession for a public purpose
In Attorney-General v Sun Lee Godown Co Ltd ([1968] HKLR 116) the Crown had granted a monthly tenancy. The agreement allowed the Crown to resume possession if it needed the land, or any part of it, for...
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Fully Profit (Asia) Ltd v Secretary for Justice (Court of Final Appeal)
In Fully Profit (Asia) Ltd v Secretary for Justice ([2013] HKEC 717, CFA) F owned several neighbouring plots of land. Each lot was the subject of a Government lease containing a restriction against...
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Lease or licence? Licence coupled with option to call for the grant of a lease
In Essex Plan Ltd v Broadminster ((1988) 56 P & C.R. 353) D gave E a licence to occupy premises. It also gave E an option to call for the grant of a lease. The licence and option periods expired...
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Mortgagor in default: does default give rise to adverse possession?
In Common Luck Investment Ltd v Cheung Kam Chuen ((1999) 2 HKCFAR 229, CFA) C executed a mortgage assigning a property to X Bank as security for a loan. C defaulted in payment in 1965 but X Bank took...
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Effect of possession proceedings on tenancy at will
In Banjo v London Borough of Brent ([2005] EWCA Civ 292, CA (Eng)) T’s lease came to an end on 17th June 1982. T remained in possession but did not pay any rent. On 8th February 2002, L gave notice of...
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Exclusive occupation: licence granted as part of a ‘bigger picture. Lease or...
In Street v Mountford ([1985] A.C. 809, HL) Lord Templeman said: ”To constitute a tenancy the occupier must be granted exclusive possession for a fixed or periodic term certain in consideration of a...
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Holding over during negotiations for new lease. Tenancy at will? How to...
In Dean and Chapter of the Cathedral and Metropolitan Church of Christ v Whitbread ((1996) 72 P. & C.R. 9) a lease had come to an end. The parties tried to negotiate a new lease. The tenant...
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Tenancy at will: right to distrain
In Anderson v The Midland Railway Company ((1861) 3 Ellis and Ellis 614, 121 E.R. 573) L and T entered into an agreement for lease. The lease was to be under seal but, in the meantime, T was allowed...
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Assignor of reversion’s informal promise of an option to renew: binding on...
In Best Honour Investment & Development Ltd v Best Sonic Ltd ([2006] HKEC 1100, CFI) T refused to leave the demised premises at the end of the lease term. L obtained an order for possession and was...
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‘Licence’ pending completion of agreement for lease: A Street v Mountford...
In Cameron Limited v Rolls-Royce plc ([2007] EWHC 546 (Ch)) RR was C’s tenant (with the benefit of two leases contracted out of Part II of the Landlord and Tenant Act 1954). The parties exchanged...
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Conveyance of reversion determines tenancy at will when the tenant knows of it
In Doe d Davies v James Thomas (155 E.R. 792) T was L’s tenant at will. L’s own estate in the property was vested in a third party and T knew of this. It was held that a conveyance of the reversion...
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