Javad v Aqil
Javad v Aqil
- 1991
- All England Law Reports (1991) 1 All ER 243-254(12) .
CA 15 May 1990 Appeal by Aqil (A) against cc decision ordering him to give up possession of business premises to Javad (J), on the ground that he had a tenancy at will when J gave notice to quit and not a periodic tenancy. CA held, dismissing the appeal, that where a prospective tenant was allowed into possession and thereafter paid quarterly rent pending negotiation of the lease, it was to be inferred that the parties intended to create a tenancy at will, since the parties could not be taken to have intended that the periodic payments of rent would create a periodic tenancy when they were not agreed as to the terms on which the prospective tenant would occupy. J was therefore entitled to possession.
BUSINESS TENANCIES
LEASE TERMS
CA 15 May 1990 Appeal by Aqil (A) against cc decision ordering him to give up possession of business premises to Javad (J), on the ground that he had a tenancy at will when J gave notice to quit and not a periodic tenancy. CA held, dismissing the appeal, that where a prospective tenant was allowed into possession and thereafter paid quarterly rent pending negotiation of the lease, it was to be inferred that the parties intended to create a tenancy at will, since the parties could not be taken to have intended that the periodic payments of rent would create a periodic tenancy when they were not agreed as to the terms on which the prospective tenant would occupy. J was therefore entitled to possession.
BUSINESS TENANCIES
LEASE TERMS