Tenancy Agreement in UK Law

Leading Cases
  • Agricultural Mortgage Corporation Plc v Woodward and Another
    • Court of Appeal (Civil Division)
    • 19 Mayo 1994

    Mr. Dowding, in answering these submissions, naturally relied strongly on the concession that the annual rent of £37,25O reserved under the tenancy represented a full market rent, being the best rent that could reasonably be obtained.

    Accepting that she agreed to pay for her yearly tenancy a rent which was the best rent reasonably obtainable for that tenancy viewed in isolation, and that she undertook the other tenant's obligations imposed by the tenancy agreement, it seems to me nevertheless clear that, when the transactions are viewed as a whole, the benefits which the lst defendant thereby conferred on her were significantly greater in value, far greater in value, in money or money's worth than the value of the consideration provided by her.

  • Bruton v London & Quadrant Housing Trust
    • House of Lords
    • 24 Junio 1999

    The decision of this House in Street v. Mountford [1985] A.C. 809 is authority for the proposition that a "lease" or "tenancy" is a contractually binding agreement, not referable to any other relationship between the parties, by which one person gives another the right to exclusive occupation of land for a fixed or renewable period or periods of time, usually in return for a periodic payment in money.

  • Prudential Assurance Company Ltd v London Residuary Body
    • House of Lords
    • 16 Julio 1992

    A tenancy from year to year is saved from being uncertain because each party has power by notice to determine at the end of any year. The term continues until determined as if both parties made a new agreement at the end of each year for a new term for the ensuing year.

  • Mexfield Housing Co-Operative Ltd v Berrisford
    • Supreme Court
    • 09 Noviembre 2011

    Thirdly, even if an agreement which creates an uncertain term could only have resulted in a tenancy for the life of the tenant if that was the intention of the parties, I consider that, on a true construction of the Agreement, it was intended that Ms Berrisford enjoy the premises for life – subject, of course, to determination pursuant to clauses 5 and 6.

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

  • Facchini v Bryson
    • Court of Appeal
    • 07 Abril 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.

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Legislation
  • Immigration Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... Key interpretation ... 20: Residential tenancy agreement ... (1) This section applies for the purposes of this Chapter ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... (33A) Offences: landlords“(1) The landlord under a residential tenancy agreement which relates to premises in England commits an offence if the ... ...
  • Defective Premises Act 1972
    • UK Non-devolved
    • 1 de Enero de 1972
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... this section without—(a) the consent of the court, or(b) the agreement of the other party ... (5) Section 3 applies to additional requirements ... within paragraphs (a) to (d) ) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985;“local ... ...
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Books & Journal Articles
  • Agricultural Tenancies Act 1995 Notices
    • Part 2. Notices, precedents and forms
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 191-206
    ... ... TO TENANT, OR VICE VERSA, OF THE GRANTING OF A FARM BUSINESS TENANCY ... Agricultural Tenancies Act 1995 – section 1(4) ... To: (full ... – it is suggested the description be taken from the tenancy agreement) ... I, (full name(s) of landlord or tenant) of (address) ... GIVE YOU ... ...
  • Basic Information
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 31-38
    ... ... to provide greater coverage of the main aspects of agricultural tenancy law than the previous editions, which means there have been some changes ... Break clause A provision in a tenancy agreement that enables either the landlord or the tenant to terminate it before the ... ...
  • Drafting and Other Practical Considerations and Guidance
    • Part 2. Notices, precedents and forms
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 133-190
    ... ... Unfortunately, to anyone new to the area of agricultural tenancy law there are few, if any, sources of information on the basics of how to ... , subject of course to compliance with the terms of his tenancy agreement, as it is a yearly tenancy he can always terminate the arrangement on ... ...
  • Preliminary Sections
    • Preliminary Sections
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 1-14
    ... ... Applicable to a Tenancy 9 ... 2.1 Lettings of agricultural land in connection with a trade or ... 5.1 Introduction 51 5.2 Definitions 51 5.3 The tenancy agreement 54 5.4 Fixed equipment 55 5.4.1 Maintenance, repair and insurance of ... ...
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Forms
  • Form N5B Wales
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... (accelerated procedure) ... (assured shorthold tenancy) ... Is the property you are claiming possession of ... located wholly in ... A copy of the most recent (assured) (secure) tenancy agreement marked ‘A’ and a copy of the ... demotion order marked ‘B’ is ... ...
  • Defence form (Accelerated possession procedure) (Assured shorthold tenancy) where the property is located wholly or partly in England
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Please write clearly and in black ink. If there is not ... enough room for an answer, continue on the last ... The Tenancy Agreement ... Are you the tenant or one of the tenants named in the tenancy ... agreement, marked ‘A’ (or ‘A1’, ‘A2’ etc), attached to the claim ... ...
  • Claim possession of a property located wholly in England (accelerated procedure)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... (Accelerated procedure) ... (Assured shorthold tenancy other than a demoted tenancy) ... Is the property you are claiming ... written tenancy agreement? ... The tenancy did not immediately follow an assured tenancy which ... ...
  • Application to the tribunal for determination of a rent under an assured shorthold tenancy
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to rent applications.
    ... ... , please confirm (by ticking the box) that you received a notice stating that the tenancy was to be an Assured Shorthold Tenancy before the agreement was entered into ... (e) ... If available, please enclose a copy of the Assured Shorthold Tenancy Notice ...   ... ... ...
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