St John's Hospital Trustees v Keevil & Anor [2000] EWLands CON_145_2000 (27 November 2000)

St John's Hospital Trustees v Keevil & Anor [2000] EWLands CON_145_2000 (27 November 2000)

There was no valid assignment of the tenancy to Ross Keevil as no deed was executed and the memorandum did not constitute an assignment. Estoppel by representation or convention did not arise as the Claimants did not act to their detriment in reliance on any representation or convention. There was no surrender and regrant as the parties' conduct was not unequivocal in accepting the end of Frederick's tenancy. The tenancy remains vested in Frederick Keevil on the original terms without a part resumption clause.

Citation
[2000] EWLands CON_145_2000
Parties
Claimants: The Trustees of St John's Hospital; Defendant: Frederick William Geoffrey Keevil; Defendant: Ross William Keevil
Jurisdiction
England and Wales
Judgment Date
27 November 2000
Procedural Posture
Reference by Consent Under Lands Tribunal Act 1949 / Final Determination of Tenancy Status and Terms for Compensation Assessment
Outcome
Frederick Keevil is the tenant; tenancy is on the terms of the 1961 Agreement without a part resumption clause.
Legal Topics
Assignment of Tenancy, Estoppel, Surrender and Regrant, Agricultural Holdings Act 1986, Law of Property Act 1925 S.144, Charities Act 1960
Land Law Agricultural Tenancies Compulsory Purchase Assignment of Tenancy Estoppel Surrender and Regrant Agricultural Holdings Act 1986 Law of Property Act 1925 S.144 +1 more

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Parties

The Trustees of St John's Hospital

Claimants

Frederick William Geoffrey Keevil

Defendant

Ross William Keevil

Defendant

Procedural Posture

Reference by Consent Under Lands Tribunal Act 1949 / Final Determination of Tenancy Status and Terms for Compensation Assessment

Legal Issues

  1. 1 Who is the tenant of the subject land?
  2. 2 Are the terms of the tenancy subject to a part resumption clause?
  3. 3 Does estoppel or surrender and regrant operate to transfer the tenancy to Ross Keevil?

Ratio Decidendi

There was no valid assignment of the tenancy to Ross Keevil as no deed was executed and the memorandum did not constitute an assignment. Estoppel by representation or convention did not arise as the Claimants did not act to their detriment in reliance on any representation or convention. There was no surrender and regrant as the parties' conduct was not unequivocal in accepting the end of Frederick's tenancy. The tenancy remains vested in Frederick Keevil on the original terms without a part resumption clause.

Court Disposition

Frederick Keevil is the tenant; tenancy is on the terms of the 1961 Agreement without a part resumption clause.

Orders

  • Costs of and occasioned by the adjournment to be paid by the Claimants on an indemnity basis.
  • All other costs to be paid by the Claimants to the Defendants, to be assessed on a standard basis if not agreed.