Uncertainty of term - orthodoxy side-stepped in favour of a just result
Pawlowski, Mark (2012) Uncertainty of term - orthodoxy side-stepped in favour of a just result. Landlord and Tenant Review, 16 (1). pp. 16-22. ISSN 1365-8018Full text not available from this repository.
The Supereme Court in Bersiford (FC) v Mexfield Housing Co-operative  UKSC 52 has ruled that an occupancy agreement which could not be valid as an express tenancy because it was of uncertain duration, nevertheless took effect as a lease for 90 years determinably by the landlord on one month's notice on the tenant's death or in accordance with the provisions of the agreement. This article examines the doctrine of certainty of term as it applies to leases and considers to what extent it may be possible to give effect to a void lease of uncertain term as an equitable lease or a personal licence under ordinary contractual principles.
|Uncontrolled Keywords:||certainty of term, duration, housing association tenancies, tenancy for life, termination of lease, equitable leases, contractual licences|
|Subjects:||K Law > K Law (General)|
K Law > KD England and Wales
|School / Department / Research Groups:||School of Humanities & Social Sciences|
School of Humanities & Social Sciences > (UOA) Law
|Last Modified:||06 Nov 2012 14:06|
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