Fetter on landlord’s right to give notice to quit

Doe d Warner v Browne ((1807) 8 East 165, 103 E.R. 305) concerned a yearly tenancy. The agreement provided that the lessor could not bring the lease to an end so long as the lessee paid the rent and did not sell any article injurious to the lessor’s business. It was held that it was entirely repugnant to the nature of a tenancy from year to year that the option of determining it should rest solely with the tenant (167, Lord Ellenborough C.J.)

Michael Lower

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