Harler v Calder
Harler v Calder
- 1989
- Estates Gazette (1989) 25 EG 95-97(2) .
CA 7 december 1988. The plaintiff (H) was landlord of a house. She lived in part and had turned the rest into bed sitting rooms one of which was lent to the defendant (C) who had moved in in 1984 with a written agreement called a licence . The rent was described as a licence fee and was set at £135 per month. There was no agreed end to the licence but a months notice of its end was to be given by either side. In November 1987 H gave C notice to quit. C did not give up possession and proceedings were brought to the county court. The defence claimed that the case was outside the limits of county court jurisdiction, that H was not the landlord as she had surrendered her lease by operation of law to her son and the notice to quit was bad because it did not expire on the rent day. The judge held in favour of H. C appealed on the same grounds. The claim was that the licence agreement was a sham and in effect there was a monthly tenancy and therefore the notice to quit should take effect on
CA 7 december 1988. The plaintiff (H) was landlord of a house. She lived in part and had turned the rest into bed sitting rooms one of which was lent to the defendant (C) who had moved in in 1984 with a written agreement called a licence . The rent was described as a licence fee and was set at £135 per month. There was no agreed end to the licence but a months notice of its end was to be given by either side. In November 1987 H gave C notice to quit. C did not give up possession and proceedings were brought to the county court. The defence claimed that the case was outside the limits of county court jurisdiction, that H was not the landlord as she had surrendered her lease by operation of law to her son and the notice to quit was bad because it did not expire on the rent day. The judge held in favour of H. C appealed on the same grounds. The claim was that the licence agreement was a sham and in effect there was a monthly tenancy and therefore the notice to quit should take effect on