Erimus Housing Ltd v Barclays Wealth Trustees (Jersey) Ltd & Ors

The ongoing negotiations and parties’ conduct did not support the inference of a yearly periodic tenancy; EHL remained a tenant at will pending execution of a new lease, and the notice served was effective to terminate the tenancy.

Parties: Appellant/defendant: Erimus Housing Limited; Respondent/claimant: Barclays Wealth Trustees (Jersey) Ltd; Respondent/claimant: Wallbrook Properties Ltd (as Trustees of the Centre Unit Trust)
Jurisdiction: England and Wales
Judgment Date: 18 March 2014
Procedural Posture: Civil Appeal / Appeal From High Court (chancery Division)
Outcome: Appeal allowed
Legal Topics: Tenancy at Will, Periodic Tenancy, Security of Tenure, Contractual Intention, Landlord and Tenant Act 1954

Landlord and Tenant Property Law Tenancy at Will Periodic Tenancy Security of Tenure Contractual Intention Landlord and Tenant Act 1954

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Parties

Erimus Housing Limited

Appellant/defendant

Barclays Wealth Trustees (Jersey) Ltd

Respondent/claimant

Wallbrook Properties Ltd (as Trustees of the Centre Unit Trust)

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division)

Legal Issues

1 Whether the post-expiry occupation created a yearly periodic tenancy or a tenancy at will
2 Effectiveness of notice to terminate the tenancy
3 Application of statutory protection under the Landlord and Tenant Act 1954

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Declaration granted that EHL occupied under a tenancy at will, not a yearly periodic tenancy