Prudential Assurance Co Ltd v London Residuary Body and others
Language: English Series: Estates Gazette ; (1991) 25 EG 120-124(4)Publication details: 1991Subject(s): Summary: ChD 16 January 1991. Concerned with the construction of a tenancy agreement and the effect of a notice to quit purporting to determine it. In 1930 the LCC had granted a tenancy on a leaseback agreement relating to a piece of land subject to a provision in Clause 6 of the tenancy agreement that the tenancy would continue until the land was required for road widening , terminable on two months notice. The reversion was passed from the LCC to GLC and thereafter to the London Residuary Body (LRB) and finally to the three defendants involved in the proceedings. The LRB had served a notice to quit to the tenant P under the Landlord and Tenant Act 1954 s25 . Although under the 1954 Act the notice was ineffective, it was accepted that it served as a common law notice. Held that the agreement created a yearly tenancy concluding that Clause 6 did not exclude P from determining the tenancy by notice. Following reversion from GLC to LRB, clause 6 ceased to have any effect as the clause had been| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS44859 (Browse shelf(Opens below)) | 1 | Available | 49519-1001 |
ChD 16 January 1991. Concerned with the construction of a tenancy agreement and the effect of a notice to quit purporting to determine it. In 1930 the LCC had granted a tenancy on a leaseback agreement relating to a piece of land subject to a provision in Clause 6 of the tenancy agreement that the tenancy would continue until the land was required for road widening , terminable on two months notice. The reversion was passed from the LCC to GLC and thereafter to the London Residuary Body (LRB) and finally to the three defendants involved in the proceedings. The LRB had served a notice to quit to the tenant P under the Landlord and Tenant Act 1954 s25 . Although under the 1954 Act the notice was ineffective, it was accepted that it served as a common law notice. Held that the agreement created a yearly tenancy concluding that Clause 6 did not exclude P from determining the tenancy by notice. Following reversion from GLC to LRB, clause 6 ceased to have any effect as the clause had been