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Uncertainty of term - orthodoxy side-stepped in favour of a just result

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 1365-8018

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Abstract

The Supereme Court in Bersiford (FC) v Mexfield Housing Co-operative [2011] 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.

Item Type: Article
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
Pre-2014 Departments: School of Humanities & Social Sciences
Related URLs:
Last Modified: 14 Oct 2016 09:20
URI: http://gala.gre.ac.uk/id/eprint/8290

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