(1992) JELR 80319 (HL)    
House of Lords  ·  ,HL/PO/JU/18/252 ·  16 Jul 1992 ·  United Kingdom
Other Citations
[1992] 3 All ER 504[1991] UKHL 10[1992] 2 AC 386
Lord Templeman,Lord Griffiths,Lord Goff of Chieveley,Lord Browne-Wilkinson,Lord Mustill
Core Terms Beta
present case
court of appeal
duration of the war
walworth road
mr. nathan
temporary structures
yearly rent
freehold of the remainder of no.
friend lord browne-wilkinson
friend lordtempleman
london county council
lord mansfield
lord templeman
memorandum of agreement
purposes of the widening of walworth road
said land
term of years
ancient authority
benefit of the agreement
determination of a determinable life interest
dropping of a life
effluxion of time
express limitation of the parties
first defendant london residuary body
fixed term
fourth defendants
grant of a tenancy
law of property act
leasehold tenancy agreement
lord coke
lord goff of chieveley
lord greene m.r.
lord kenyon c.j.
ordinary weekly tenancy
road widening
short duration
strip of land
term of uncertain duration
term of years absolute
trial judge
understanding of the law

LORD TEMPLEMAN(reading the leading judgment)

My Lords,This appeal arises out of a memorandum of agreement dated 19 December 1930 and said to have created a lease for a term which was not limited to expire by effluxion of time and cannot now be determined by the landlord.

By the agreement, the London County Council let to one Nathan a strip of land with a frontage of 36 feet to Walworth road, a thoroughfare in Southwark, and a depth of 25 feet at a rent of £30 per annum from 19 December 1930 "until the tenancy shall be determined as hereinafter provided." The only relevant proviso for determination is contained in clause 6 which reads as follows:

"The tenancy shall continue until the said land is required by the Council for the purposes of the widening of Walworth Road and the street paving works rendered necessary thereby and the Council shall give two months' notice to the tenant at least prior to the day of determination when the said land is so required and thereupon the tenant shall …

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