Tenancy in UK Law

Leading Cases
  • Facchini v Bryson
    • Court of Appeal
    • 07 April 1952

    In all the cases where an occupier has been held to be a licensee there has been something in the circumstances to negative any intention to create a tenancy, such as a family arrangement, an act of friendship or generosity, or such like. In such circumstances it would be obviously unjust to saddle the owner with a tenancy with all the momentous consequences that that entails nowadays when there was no intention to create a tenancy at all.

  • Kay v Lambeth City Council; Leeds City Council v Price
    • House of Lords
    • 08 March 2006

    But if the requirements of the law have been established and the right to recover possession is unqualified, the only situations in which it would be open to the court to refrain from proceeding to summary judgment and making the possession order are these: (a) if a seriously arguable point is raised that the law which enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the Human Rights Act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the High Court; (b) if the defendant wishes to challenge the decision of a public authority to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable, he should be permitted to do this provided again that the point is seriously arguable: Wandsworth London Borough Council v Winder [1985] AC 461.

  • Shell-Mex and B. P. Ltd v Manchester Garages Ltd
    • Court of Appeal (Civil Division)
    • 13 January 1971

    One must look at the transaction as a whole and at any indications that one finds in the terms of the contract between the two parties to find whether in fact it is intended to create a relationship of landlord and tenant or that of licensor and licensee. One has first to find out what is the true nature of the transaction and then see how the Act operates upon that state of affairs if it bites at all.

  • Hammersmith and Fulham London Borough Council v Monk
    • House of Lords
    • 05 December 1991

    The action of giving notice to determine a periodic tenancy is in form positive; but both on authority and on the principle so aptly summed up in the pithy Scottish phrase "tacit relocation" the substance of the matter is that it is by his omission to give notice of termination that each party signifies the necessary positive assent to the extension of the term for a further period.

  • Kammins Ballrooms Company Ltd v Zenith Investments (Torquay) Ltd
    • House of Lords
    • 14 July 1970

    This arises in a situation where a person is entitled to alternative rights inconsistent with one another. If he has knowledge of the facts which give rise in law to these alternative rights and acts in a manner which is consistent only with his having chosen to rely on one of them, the law holds him to his choice even though he was unaware that this would be the legal consequence of what he did.

  • Poplar Housing and Regeneration Community Association Ltd v Donoghue
    • Court of Appeal (Civil Division)
    • 27 April 2001

    This is an area where, in our judgment, the courts must treat the decisions of Parliament as to what is in the public interest with particular deference. The correctness of this decision is more appropriate for Parliament than the courts and the HRA does not require the courts to disregard the decisions of Parliament in relation to situations of this sort when deciding whether there has been a breach of the convention.

    We are satisfied, that notwithstanding its mandatory terms, section 21(4) of the 1988 Act does not conflict with the defendant's right to family life. Section 21(4) is certainly necessary in a democratic society in so far as there must be a procedure for recovering possession of property at the end of a tenancy. The question is whether the restricted power of the court is legitimate and proportionate. This is the area of policy where the court should defer to the decision of Parliament.

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Books & Journal Articles
  • Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
    • Nbr. 48-4, July 1985
    • The Modern Law Review
  • Renovations in lieu of rent in Spanish tenancy law
    • Nbr. 10-2, December 2018
    • Journal of Property, Planning and Environmental Law
    • 140-153
    Purpose: In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the so-called renova...
  • Comment: A Critical Assessment of Assured Shorthold Tenancies
    • Nbr. 2-1, January 2012
    • Southampton Student Law Review
    • Louise Cheung
    • 53-58
    This article looks at how an assured shorthold tenancy (under the HA 1988, as amended by the HA 1996) is created and can be brought to an end. It critically comments on the extent of security of te...
    ......Comment: A Critical Assessment of Assured Shorthold Tenancies . Louise Cheung . This article looks at how an assured shorthold tenancy (under the HA 1988, as amended by the HA 1996) is created and can be brought to an end. It critically comments on the extent of security of tenure ......
  • Agrarian Structure and Peasant Autonomy
    • Nbr. 7-3, September 1970
    • Journal of Peace Research
    This article deals with the agrarian structure and autonomy of peasants, with a view to ac counting for some conditions of peasant mobilization in Latin America. Autonomy is conceived ...
    ...... They always assume that sharecropper and tenancy systems under landlord control makes autonomy com- pletely absent. The problem of mobil- ization is then seen from the angle of ......
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Law Firm Commentaries
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