Weekly review: April 29 – May 3 2013

Conveyancing: execution by Mainland companies

An opinion from a mainland lawyer to the effect that the person giving the opinion was a mainland lawyer applying mainland law and that the execution was valid under Chinese law is ordinarily sufficient proof that the document has been properly executed (Liu Xiaodong v Chase Eagle Development Limited)

Periodic tenancy: nature

‘At common law a periodic tenancy is of indefinite duration determinable by notice to quit.’ (68, HH Judge Cruden).

‘In the absence of express provision to the contrary, yearly tenancies arise where rent measured with reference to a year, is paid and accepted.’ (68, HH Judge Cruden)

‘At common law a yearly tenancy, in the absence of agreement, may be unilaterally terminated upon either party giving to the other one half-year’s notice.’ (68, HH Judge Cruden) (Lew See-Chun v Yu Kin-Keung)

Periodic tenancy notice to quit

The party to a periodic tenancy serving a notice to quit has to show the date when the tenancy began. Where notice ise served by an agent having only limited authority to act for the landlord, the notice must state expressly that it was served by the agent on behalf of the landlord (Lemon v Lardeur)

Periodic tenancy: implied: holding over

Where a periodic tenancy arises from an implied agreement after the end of a fixed term tenancy, the periodic tenancy begins immediately after the end of the fixed term (in the absence of agreement to the contrary (Croft v William F Bly Ltd)

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