Title

Certainty of Terms and Leases: Curiouser and Curiouser

Publication Type

Journal Article

Publication Date

5-2012

Abstract

The common law rule that requires leases to have a fixed terminus from the outset is one that has been much criticised. In Berrisford v Mexfield Housing Co-operative Ltd, the Supreme Court managed to blunt its effect by suggesting that most leases of uncertain duration can be transformed into 90-year tenancies. However, it is suggested that their Lordships have possibly misunderstood and overstretched an ancient common law ‘rule’ and have not fully considered some of the implications of their decision.

Keywords

Leases, Licences, Contract, Numerus Clausus, Positive Covenants

Discipline

Contracts

Research Areas

Commercial Law

Publication

Modern Law Review

Volume

75

First Page

401

Last Page

412

ISSN

0026-7961

Identifier

10.1111/j.1468-2230.2012.00907.x

Publisher

Wiley

This document is currently not available here.

Share

COinS