Nicholls v Kinsey
Nicholls v Kinsey
- 1994
- Estates Gazette 1994 16 EG 145(3) .
CA 25 January 1994. In 1979 the landlord K and tenant N applied for a CC order under Landlord and Tenant Act 1954 s38(4) excluding security of tenure under ss24-28 of the 1954 Act for a tenancy of a term of one year continuing thereafter from year to year. In 1992 the tenant applied for a new tenancy under s26 of the 1954 Act. CC held that the tenancy was not for a term certain within the meaning of s38(4)(a). CA held that the tenancy agreement fell outside s38(4) and therefore s38(1) applied. The agreement excluding the Act was null and void. Appeal allowed.
BUSINESS TENANCIES
EXCLUSION AGREEMENT
LANDLORD AND TENANT ACT 1954 S24
LANDLORD AND TENANT ACT 1954 S38(4)
SECURITY OF TENURE
CA 25 January 1994. In 1979 the landlord K and tenant N applied for a CC order under Landlord and Tenant Act 1954 s38(4) excluding security of tenure under ss24-28 of the 1954 Act for a tenancy of a term of one year continuing thereafter from year to year. In 1992 the tenant applied for a new tenancy under s26 of the 1954 Act. CC held that the tenancy was not for a term certain within the meaning of s38(4)(a). CA held that the tenancy agreement fell outside s38(4) and therefore s38(1) applied. The agreement excluding the Act was null and void. Appeal allowed.
BUSINESS TENANCIES
EXCLUSION AGREEMENT
LANDLORD AND TENANT ACT 1954 S24
LANDLORD AND TENANT ACT 1954 S38(4)
SECURITY OF TENURE