Periodic Tenancies

Question 1

Ladies Hosiery & Underwear v Parker

Answer 1

Period of tenancy determinable by how often rent is paid. Rent calculated by month = monthly tenancy.

Question 2

Barrett v Morgan

Answer 2

Crucial feature of a periodic tenancy is that either party may terminate by notice.Must give full period’s notice - monthly tenancy = a month of notice.

Question 3

Clay v BRB

Answer 3

Land held on a periodic tenancy terminable by a quarter’s notice, landlord agreed not to serve notice until the property was required for the purpose of the railway business. Court held this to be valid even though term was likely to be forever.

Question 4

Prudential Assurance v London Residuary Body

Answer 4

Periodic tenancy was created as landowner paid rent to council for strip of land. Could term be implied that the landlord would not terminate until the land was needed for road widening? No - could not imply a term so far into the future, need to know maximum duration, overrode Clay v BRB.

Question 5

Hammersmith & Fulham v Monk

Answer 5

Couple were joint tenants, woman served notice to quit, had the effect of terminating the man’s right to occupy the property.

Question 6

Sims v Dacorum

Answer 6

Held that rule where one of couple can terminate tenancy doesn’t breach Human Rights. Property rights of second tenant are being ended by first tenant’s notice, therefore second tenant can be evicted without court proceeding. (Decision academically doubted.)

Question 7

Lace v Chantler

Answer 7

Lease for duration of the was was void as there was no certainty of period.