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Long v Tower Hamlets LBC

Language: English Series: All England Law Reports ; (1996) 2 All ER 683-704 (11)Publication details: 1996Subject(s): Summary: ChD 20 March 1996. L contended that T`s right of action was statute-barred by the 12 year limitation period of the Limitation Act 1980 s15(1). T contended that the tenancy document was a `lease in writing` and that the limitation period began in 1984 when a notice to quit was served on L. "Held" that a written document was not a lease in writing but merely evidenced the existence of a lease and it could take effect a lease only if it operated in accordance with the Law of Property Act s54, which was not the case in this instance. Appeal allowed.

ChD 20 March 1996. L contended that T`s right of action was statute-barred by the 12 year limitation period of the Limitation Act 1980 s15(1). T contended that the tenancy document was a `lease in writing` and that the limitation period began in 1984 when a notice to quit was served on L. "Held" that a written document was not a lease in writing but merely evidenced the existence of a lease and it could take effect a lease only if it operated in accordance with the Law of Property Act s54, which was not the case in this instance. Appeal allowed.