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Javad v Aqil

Language: English Series: All England Law Reports ; (1991) 1 All ER 243-254(12)Publication details: 1991Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS43984 (Browse shelf(Opens below)) 1 Available 44574-1001

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.