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