Facts
- A lease was granted which denied a landlord any right to determine the lease
Issue
- Did this violate the requirement of certainty of duration of periodic tenancies?
Decision
- Yes
Reasoning
- Such a denial of rights would be repugnant to the nature of a tenancy
- Both landlords and tenants must have unqualified rights to determine tenancies, irrespective of their contractual intentions
- This case overruled Re Midland Railway Agreement [1971]
- To find the other requirements of leases, visit land law notes on leases
