Smith and another v Northside Developments Ltd and another
Smith and another v Northside Developments Ltd and another
- 1988
- Property and Compensation Reports (1988) 55 PCR 164-170(7) .
CA 11 May 1987. In 1982 the appellants (S) co-occupied shop premises, initially as licensees. In 1983 the co-occupier left and the defendants (N) orally agreed with S that they could occupy the premises on their own. Subsequently N tried to terminate S`s right to occupy by means of a notice to quit in seven days. S claimed that the license had become a tenancy as they had acquired exclusive occupation . The CC held that S had a license and not a tenancy but that the reasonable period of notice in the circumstances should be one month. The CA held that the licence had not not been converted into a tenancy by sole-occupation and that the appropriate period of notice was one month.
CA 11 May 1987. In 1982 the appellants (S) co-occupied shop premises, initially as licensees. In 1983 the co-occupier left and the defendants (N) orally agreed with S that they could occupy the premises on their own. Subsequently N tried to terminate S`s right to occupy by means of a notice to quit in seven days. S claimed that the license had become a tenancy as they had acquired exclusive occupation . The CC held that S had a license and not a tenancy but that the reasonable period of notice in the circumstances should be one month. The CA held that the licence had not not been converted into a tenancy by sole-occupation and that the appropriate period of notice was one month.