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Re: terms

Postby atticus » Wed Sep 20, 2017 1:09 pm

tenancy for life? Extremely unlikely.

Some barristers will accept "direct access" instructions.
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Re: terms

Postby preacherman » Wed Sep 20, 2017 3:47 pm

ok thanks.


In Mexfield it was held that the common law position in England was that an uncertain lease amounted to a lease for the tenant’s life, determinable before then if the contingency arose. Section 149(6) of the Law of Property Act 1925 converts such leases into leases for 90 years determinable on the death of the original lessee.
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Re: terms

Postby atticus » Wed Sep 20, 2017 3:55 pm

No doubt you will be carrying out a careful analysis comparing your document and the one in the Mexfield case, as described in the judgments, so that you can make submissions to the court that yours is an identical case.
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Re: terms

Postby preacherman » Wed Sep 20, 2017 4:30 pm

maybe.not identical in any way I suspect.. the substance seems to be similar.. possibly maybe..neither can serve notice as no term.
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Re: terms

Postby preacherman » Wed Sep 20, 2017 7:04 pm

here was this all about :roll:

viz by surrender

whether or not the Agreement gave rise to a monthly tenancy, I consider that, as a matter of contractual interpretation, the effect of clauses 1, 5 and 6 is that that tenancy can only be determined by Ms Berrisford pursuant to clause 5 or by Mexfield pursuant to clause 6, and in no other way (save consensually, viz by surrender).

must be this:
Surrender is actually the most common method by which modern residential tenancies are terminated.

In law, a tenancy is brought to an end by surrender when the landlord and tenant both agree that the tenant should yield up possession of the property to the landlord. Importantly, surrender can only occur by mutual agreement; if both parties do not agree to the surrender then surrender cannot occur. However, agreement can be expressly or impliedly communicated.
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Re: terms

Postby preacherman » Wed Sep 20, 2017 7:14 pm

was on boy its that viz again :?

are these judges speaking English :lol:

It seems to have been established for a long time that an agreement for an uncertain term cannot be a tenancy in the sense of being a term of years. In Say v Smith (1563) Plowd 269, 272, Anthony Brown J said that "every contract sufficient to make a lease for years ought to have certainty in three limitations, viz in the commencement of the term, in the continuance of it, and in the end of it … and words in a lease, which don't make this appear, are but babble."
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Re: terms

Postby preacherman » Wed Sep 20, 2017 7:27 pm

I think i might be in breach of my tenancy it says:

clean all windows of the property both inside and outside at least once in every two calendar months of the term and at the end of the term'.'keep the property aired'.'keep the flower beds free from weeds' 'cultivate the garden in a reasonable manner according to the season of the year' :lol:

:lol: is this real
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Re: terms

Postby dls » Thu Sep 21, 2017 5:10 am

Surrender is actually the most common method by which modern residential tenancies are terminated.


Sorry, but I do not believe this for one second. Surrender is the giving up by the tenant and the acceptance by the landlord of a lease during a term. 'Residential' tenancies are in a huge variety of forms. Long term leasehold tenancies woule be very very rarely surrendered. Shorthold tenancies and tenancies from month to month are usually terminated on a notice which simply says in effect that 'when this term ends, there will not be another. Your suggestion excludes all termination by landlords.
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Re: terms

Postby preacherman » Thu Sep 21, 2017 6:51 am

dls wrote:
Surrender is actually the most common method by which modern residential tenancies are terminated.


Sorry, but I do not believe this for one second. Surrender is the giving up by the tenant and the acceptance by the landlord of a lease during a term. 'Residential' tenancies are in a huge variety of forms. Long term leasehold tenancies woule be very very rarely surrendered. Shorthold tenancies and tenancies from month to month are usually terminated on a notice which simply says in effect that 'when this term ends, there will not be another. Your suggestion excludes all termination by landlords.


thanks dls, it was a copy and paste not my suggestion as such. just trying to work out what this meant and what viz stands for:
(save consensually, viz by surrender).
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Re: terms

Postby atticus » Thu Sep 21, 2017 7:03 am

Viz = namely; in other words; such as; see for example.

Also.
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