Javad v Aqil
Javad v Aqil
- 1990
- Estates Gazette (1990) 41 EG 61-65(5) .
CA 15 May 1990. The plaintiff, J, owned business premises and entered into negotiations with the defendant, A, with a view to A taking a lease . They had problems in reaching agreement on some of the terms such as whether A should have the right to sublet, nonetheless since A had nowhere else to put his stock, J gave him the keys and a receipt for £2,500, rent for three months in advance. Solicitors carried on negotiating the lease. A paid a further two installments of rent and some insurance rent. Completion of the permanent lease never took place and J brought possession proceedings. A claimed that he was a periodic tenant protected by Landlord and Tenant Act 1954 . H claimed that A had been a tenant at will whose tenancy had been determined by the demand of possession. The judge made an order for possession. A appealed. CA held that A had not become a periodic tenant therefore where parties are negotiating the terms of a proposed lease, and the prospective tenant is let into posse
LEASE TERMS
CA 15 May 1990. The plaintiff, J, owned business premises and entered into negotiations with the defendant, A, with a view to A taking a lease . They had problems in reaching agreement on some of the terms such as whether A should have the right to sublet, nonetheless since A had nowhere else to put his stock, J gave him the keys and a receipt for £2,500, rent for three months in advance. Solicitors carried on negotiating the lease. A paid a further two installments of rent and some insurance rent. Completion of the permanent lease never took place and J brought possession proceedings. A claimed that he was a periodic tenant protected by Landlord and Tenant Act 1954 . H claimed that A had been a tenant at will whose tenancy had been determined by the demand of possession. The judge made an order for possession. A appealed. CA held that A had not become a periodic tenant therefore where parties are negotiating the terms of a proposed lease, and the prospective tenant is let into posse
LEASE TERMS