The power of speech.
The power of speech.
- 1999
- Estates Gazette (9924) 19 June 1999, 154(1) .
Discusses Parc Battersea Ltd v Hutchinson in which H had a oral agreement for a sublease for a term in excess of the headlease. The defendant argued that the oral agreement had been of no effect at all, and therefore H, by going into possession and paying rent, had the benefit of a protected (sub)tenancy under the Landlord and Tenant Act 1954 part II. However it was held that such an agreement can operate as an assignment of the remainder of the term. In order to do so it is essential that the sublease would otherwise be effective in its own right.
PARC BATTERSEA LTD V HUTCHINSON
ORAL AGREEMENT
Contracts
Discusses Parc Battersea Ltd v Hutchinson in which H had a oral agreement for a sublease for a term in excess of the headlease. The defendant argued that the oral agreement had been of no effect at all, and therefore H, by going into possession and paying rent, had the benefit of a protected (sub)tenancy under the Landlord and Tenant Act 1954 part II. However it was held that such an agreement can operate as an assignment of the remainder of the term. In order to do so it is essential that the sublease would otherwise be effective in its own right.
PARC BATTERSEA LTD V HUTCHINSON
ORAL AGREEMENT
Contracts