Fixed term - Cases

Question 1

Lace v Chantler

Answer 1

Lease granted for duration of the war was invalid.

Lord Greene MR - In order for a lease to be valid, its duration must be expressly stated or ascertainable at the start of the lease.

Question 2

Prudential Assurance v London

Answer 2

Reaffirmed the principle that certainty of term is necessary for a lease.

Question 3

Skipton v Clayton

Answer 3

No such thing as a lease for life, it gets converted to a period of 90 years pursuant to s.149(6) LPA 1925.

Question 4

Berrisford v Mexfield

Answer 4

Must be a certain term to not risk creating a perpetual interest, complying with the nemo dat principle.

Question 5

SoS for Transport v Blake

Answer 5

Tried to argue a Mexfield lease, Bruton J argued that it was only ever intended to be a tempoary arrangement.

Question 6

Southward Housing v Blake

Answer 6

Hildyard J held that the Mexfield leas eonly applies when there is no evidence of a contrary intention. In this case the conduct and circumstances clearly did not show an intention to create a lease for life.

Question 7

Javad v Aqil

Answer 7

Was it a periodic tenancy (statutory protection) or a tenancy at will (termiable at any time). As it was an interim arrangement whilst details were being sorted, it was a tenancy at will.