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Centaploy v Matlodge [1974]

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
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