Javad v Aqil [1990] EWCA Civ 1 (15 May 1990)

Javad v Aqil [1990] EWCA Civ 1 (15 May 1990)

Entry into possession during ongoing negotiations for a lease, with unresolved terms and occupation permitted as an interim measure, does not create a periodic tenancy merely by payment of rent; the proper inference from all the circumstances was that the defendant was a tenant at will.

Citation
[1990] EWCA Civ 1
Parties
Plaintiff: Javad; Defendant: Aqil
Jurisdiction
England and Wales
Judgment Date
15 May 1990
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Tenancy at Will, Periodic Tenancy, Business Tenancies, Statutory Protection Under Landlord and Tenant Act 1954
Landlord and Tenant Property Law Tenancy at Will Periodic Tenancy Business Tenancies Statutory Protection Under Landlord and Tenant Act 1954

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Javad

Plaintiff

Aqil

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the defendant occupied the premises as a tenant at will or as a quarterly tenant
  2. 2 Whether payment of rent and possession during negotiations creates a periodic tenancy

Ratio Decidendi

Entry into possession during ongoing negotiations for a lease, with unresolved terms and occupation permitted as an interim measure, does not create a periodic tenancy merely by payment of rent; the proper inference from all the circumstances was that the defendant was a tenant at will.

Court Disposition

Appeal dismissed

Orders

  • Defendant to give up possession
  • Costs awarded against appellant, subject to legal aid status and costs of September 1, 1989 to be paid by appellant's former solicitors