Weekly review: 15th – 19th April 2013

Periodic tenancy: creation: holding over

There is no yearly tenancy where a tenant holds over at the end of a fixed term without paying rent and where there is no evidence of an intention to create a yearly tenancy. If a tenant holds over and rent is expressed and paid in weekly terms then this is evidence that militates against an intention to create a yearly tenancy (Ladies’ Hosiery and Underwear Limited v Parker)

Periodic tenancy: notice to quit

The parties can agree that the notice period for the landlord and the tenant respectively can be different from each other (Allison v Scargall)

Provided the requirements of certainty are observed a temporary restriction can be imposed on a landlord’s right to serve a notice to quit (Breams Property Investment Co Limited  v Stroulger)

Valid service of a notice to quit brings a periodic tenancy to and end and cannot be revoked (though the parties can agree to grant a new lease) (Clarke v Grant )

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