Adler v Blackman [1952] EWCA Civ 1 (05 November 1952)

Adler v Blackman [1952] EWCA Civ 1 (05 November 1952)

Where a fixed-term tenancy at a weekly rent expires and the tenant holds over with the landlord's consent, paying rent expressed as a weekly sum, the presumption of a yearly tenancy does not arise; the tenancy is weekly and a weekly notice to quit is valid.

Citation
[1952] EWCA Civ 1
Parties
Landlord: Unknown (Landlord); Tenant: Unknown (Tenant)
Jurisdiction
England and Wales
Judgment Date
05 November 1952
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Tenancy at Will, Yearly Tenancy, Weekly Tenancy, Notice to Quit, Holding Over, Implied Tenancy
Landlord and Tenant Property Law Tenancy at Will Yearly Tenancy Weekly Tenancy Notice to Quit Holding Over Implied Tenancy

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Parties

Unknown (Landlord)

Landlord

Unknown (Tenant)

Tenant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a weekly notice to quit was valid where the original tenancy was for one year at a weekly rent and the tenant held over after expiry of the fixed term
  2. 2 Whether the presumption of a yearly tenancy applies when rent is expressed as a weekly sum rather than an annual sum

Ratio Decidendi

Where a fixed-term tenancy at a weekly rent expires and the tenant holds over with the landlord's consent, paying rent expressed as a weekly sum, the presumption of a yearly tenancy does not arise; the tenancy is weekly and a weekly notice to quit is valid.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Leave to appeal to the House of Lords refused.