Periodic tenancy: landlord and tenant can have different notice arrangements

In Allison v Scargall ([1920] 3 K.B. 443) L granted T a yearly tenancy. Either side could determine the tenancy by giving 6 months’ notice to expire on the following 6th April. L also had the right to serve notice to quit after sale of the property with the notice to take effect on the 6th April following the sale. This was held to be a valid arrangement:

‘I know of nothing which prevents parties, in entering into an agreement for a tenancy from year to year, from stipulating that it should be determinable by a notice to quit shorter than the usual six months’ notice; or that the notices to quit to be given by the landlord and the tenant respectively should be of unequal length; or that the tenancy should be determinable by the one party only by notice to quit and by the other party either by notice to quit or in some other way.’ (449 – 450, per Salter J.)

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: