Tuesday, 29 November 2016

Title
Subject

- a tenancy at will arises where a landlord lets another into possession of land and that
person holds at the will of the landlord. a tenant in this situation does not hold an
estate in the land and either party can determine such a tenancy at anytime with
reasonable notice. a tenancy at all comes to an end if either party dies or parts with
his interest in the land. tenancies at will are not protected by the rent restrictionn
legislation. a tenancy at will may ne created
1. by express agreeement
2. by implication
Express Agreement
Created by express agreement by way of a tenancy which expressly states that the
tenancy is a tenancy at will and such an agreement may provide for rent to be paid.
Implication
if no agreement as to the lent of time for which the tenancy is to last but the person
becomes a tenant of the premises then the law will sometimes imply a tenancy at will
One example arises where there has been entry unto the premises under a lease or
agreement to lease which is in fact void or which is not specifically enforceable. if the
tenant has not paid any rent then his tenancy will be treated as a tenancy at will. if a
persons allowed to occupy premises rent free this will sometimes be regarded as a
tenancy at will and the same situation will arise where the tenant has been let into
possession of the premises during negotiations for its sale or letting to him and this will
remain so until some other interest is granted or is inferred from the payment of rent see
for example Palmer vs James, Bramwell v Gordon, Hoilet v Clarke

See Haggee Ltd v erickson especially in the case of friendship and family agreements
see for example Romany v Romany and Ramnorrace v Lutchman
in Practice it is sometimes going to be dififcult to distinguish between a tenancy at will
and a license

Tuesday, 29 November 2016

TENANCY AT SUFFERANCE
a tenancy at sufferance arises when a tenant holds over on the expiry of his lease
without the consent or descent of the landlord such a tenancy can obviously be created
only implication. this situation will not apply however where there is a statutory right to
remain. it is to be noted however that tenant at sufferance may be able to claim in due
course a right to title to the land by way of adverse possession.
Tenancy by Estoppel
Estoppel is a principle of equity with respect to the law of evidence
it operates to prevent one party from denying the existence of a certain fact which he
has previously represented to be true. the application of this principle to the law of
landlord and tenant is as follows:
if a person pro ports to grant a lease of land without any legal title within the land
allowing him to grant the lease then both parties will be
they will be estopped against each other from denying that the grant was effective. this
tenancy is called a tenancy by estoppel and it binds both parties and their successors in
title although no estate in land has been granted
Iets a person lets another into possession as a tenant

Capacity - page 59
1. absolute owners who is an individual and under no personal incapacity
2. Joint tenants and tenants in common
3. aliens
4. minors or infants
5. mentally disabled persons
6. corporations including statutory corporations -( ensure you enquire whether or not
they have capacity to grant leases and / or enter into leases)
7. the crown - the sovereign is a cooperation sole and
8. tenant for life
9. personal representatives
10. trustees
11. married women
2

Tuesday, 29 November 2016

12. powers of attorney
13. mortgagors and mortgagees ( the law does not permit persons who have a mortgage
under the national housing trust can not enter into a lease agreement in respect to
said property)