Bevan v Johnston
Bevan v Johnston
- 1990
- Estates Gazette (1990) 28 EG 113-116(3) .
CA 28 November 1989. Appeal against a CC decision granting possession to J against B. A Mrs Davy owned a freehold property shared with Mrs Robinson (R). On her death the whole house was left in trust to R for life and thereafter on trust for sale with the sale proceeds to go to named beneficiaries. R granted an oral agreement for a weekly letting of the 1st floor flat to B. On R`s death, J her sister became executrix. J refused to accept rent from B. John G Dean & Co acting as managing agents for the trustees issued a new rent book to B. J was granted probate of R`s will and served notice on B to quit. The CC accepted that oral agreement was valid. It was held that R and B were estopped from denying their relationship of landlord and tenant. J and B were equally estopped. Appeal dismissed.
CA 28 November 1989. Appeal against a CC decision granting possession to J against B. A Mrs Davy owned a freehold property shared with Mrs Robinson (R). On her death the whole house was left in trust to R for life and thereafter on trust for sale with the sale proceeds to go to named beneficiaries. R granted an oral agreement for a weekly letting of the 1st floor flat to B. On R`s death, J her sister became executrix. J refused to accept rent from B. John G Dean & Co acting as managing agents for the trustees issued a new rent book to B. J was granted probate of R`s will and served notice on B to quit. The CC accepted that oral agreement was valid. It was held that R and B were estopped from denying their relationship of landlord and tenant. J and B were equally estopped. Appeal dismissed.