Javad v Aqil [1991]

Facts

  • Both parties were in the process of negotiating a 10 year lease over land
  • During negotiations, the potential lessee was let into possession of the land, for which he paid quarterly
  • Negotiations broke down and the potential lessor sought to evict
  • The potential lessee refused to leave on the basis that his possession had created an implied quarterly periodic tenancy, which gave rise to protection under landlord and tenant legislation

Issue

  • Had a periodic tenancy been implied

Decision

  • No

Reasoning

  • The potential lessee was merely a tenant at will
  • The parties had not intended for there to be anything more than this whilst formal negotiations were taking place
  • Although the payment of rent is a good indicator of an implied periodic tenancy, allowing possession during negotiations is a classic case giving rise to a tenancy at will
  • For a discussion of the different types of leases/tenancies, please see land law notes on leases
RELATED CASE  Bruton v London & Quadrant Housing Trust [2000]

Posted in Land Law Revision Notes.

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