Javad v Aqil
Javad v Aqil
- 1990
- New Law Journal 140(6470) 7 September 1990, 1232-1234(3) .
CA 15 May 1990 Appeal from cc decision granting possession to the plaintiff (P) of premises used by the defendant (D) for storing stock for his leather-goods manufacturing business. P had allowed D to move into the premises on payment of £25,000, being one quarter`s rent in advance, even though the terms of the lease had not been agreed. Negotiations continued and D paid a further two quarters` rent in the interim. On failure to reach agreement, P gave D two weeks notice to quit . D refused to leave claiming that he had a periodic tenancy arising out of his payment of rent and P`s acceptance of it and that he had not received sufficient notice. CA held, dismissing appeal, that where a prospective tenant was allowed to enter into possession and paid periodic payments of rent while negotiations proceeded on the terms of a periodic tenancy, a tenancy at will was created as opposed to a periodic tenancy. The parties could not have intended that the payments of rent would create a periodi
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CASE LAW
CA 15 May 1990 Appeal from cc decision granting possession to the plaintiff (P) of premises used by the defendant (D) for storing stock for his leather-goods manufacturing business. P had allowed D to move into the premises on payment of £25,000, being one quarter`s rent in advance, even though the terms of the lease had not been agreed. Negotiations continued and D paid a further two quarters` rent in the interim. On failure to reach agreement, P gave D two weeks notice to quit . D refused to leave claiming that he had a periodic tenancy arising out of his payment of rent and P`s acceptance of it and that he had not received sufficient notice. CA held, dismissing appeal, that where a prospective tenant was allowed to enter into possession and paid periodic payments of rent while negotiations proceeded on the terms of a periodic tenancy, a tenancy at will was created as opposed to a periodic tenancy. The parties could not have intended that the payments of rent would create a periodi
BUSINESS TENANCIES
CASE LAW