Crago v Julian [1991] EWCA Civ 4 (21 November 1991)

Crago v Julian [1991] EWCA Civ 4 (21 November 1991)

An assignment of a legal tenancy, even if the tenancy was created orally, requires a deed to be effective at law under the Law of Property Act 1925. No valid assignment to Mrs Julian occurred because there was no deed.

Citation
[1991] EWCA Civ 4
Parties
Plaintiff: Mrs Crago; Defendant/appellant: Mrs Julian
Jurisdiction
England and Wales
Judgment Date
21 November 1991
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assignment of Tenancy, Requirement of Deed, Statutory Interpretation, Protected Tenancy
Property Law Landlord and Tenant Assignment of Tenancy Requirement of Deed Statutory Interpretation Protected Tenancy

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Parties

Mrs Crago

Plaintiff

Mrs Julian

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an orally created tenancy can be assigned without a deed under the Law of Property Act 1925
  2. 2 Whether Mrs Julian became the legal tenant by virtue of the divorce undertaking or subsequent conduct

Ratio Decidendi

An assignment of a legal tenancy, even if the tenancy was created orally, requires a deed to be effective at law under the Law of Property Act 1925. No valid assignment to Mrs Julian occurred because there was no deed.

Court Disposition

Appeal dismissed

Orders

  • Judgment for the lessor, Mrs Crago
  • Possession of the flat granted to Mrs Crago