Certainty of Terms and Leases : Curiouser and Curiouser

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

2 Scopus Citations
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Author(s)

Detail(s)

Original languageEnglish
Pages (from-to)401-412
Journal / PublicationModern Law Review
Volume75
Issue number3
Publication statusPublished - May 2012
Externally publishedYes

Abstract

The common law rule that requires leases to have a fixed terminus from the outset is one that has been much criticised. In Berrisford v Mexfield Housing Co-operative Ltd, the Supreme Court managed to blunt its effect by suggesting that most leases of uncertain duration can be transformed into 90-year tenancies. However, it is suggested that their Lordships have possibly misunderstood and overstretched an ancient common law 'rule' and have not fully considered some of the implications of their decision.

Research Area(s)

  • Contract, Leases, Licences, Numerus Clausus, Positive Covenants

Citation Format(s)

Certainty of Terms and Leases: Curiouser and Curiouser. / Low, Kelvin F.K.
In: Modern Law Review, Vol. 75, No. 3, 05.2012, p. 401-412.

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review