Periodic tenancy: restriction on right of landlord to serve notice to quit

Breams Property Investment Co Limited  v Stroulger ([1948] 2 K.B. 1, CA (Eng)) concerned a quarterly tenancy. The landlord was prohibited from serving notice to quit for three years unless it needed the property for its own occupation. This was held to be a valid restriction that was not repugnant to the nature of a periodic tenancy.

The landlord had assigned the reversion. Another question was whether the successor was bound by the restriction. It was held that the successor was bound by the restriction. It had reference to the subject matter of the lease for the purposes of section 142 of the Law of Property Act 1925.

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