Q&As

A tenant entered into a 12-month AST and the landlord has served a valid section 21 notice terminating the tenancy on the expiry of the term. The tenant entered into the tenancy having been assured by the landlord that they could stay for longer than one year. Does the client have any cause of action or remedy based on estoppel or misrepresentation?

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Produced in partnership with Elizabeth England of 42 Bedford Row
Published on LexisPSL on 31/05/2017

The following Property Q&A Produced in partnership with Elizabeth England of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • A tenant entered into a 12-month AST and the landlord has served a valid section 21 notice terminating the tenancy on the expiry of the term. The tenant entered into the tenancy having been assured by the landlord that they could stay for longer than one year. Does the client have any cause of action or remedy based on estoppel or misrepresentation?
  • Misrepresentation
  • Estoppel
  • Summary

Misrepresentation

Misrepresentation is a statement of a fact which is untrue.

In order to establish a misrepresentation you must be able to point to the represented words either on the page or electronically, or point to them being said by a certain person, on a certain date. There must be an actual representation or statement.

The representation must be a fact, as distinct from a statement of opinion, a statement of intention or a commendatory statement.

The representation must be false.

The general rule is that, in determining whether there has been an express representation, and to what effect, the court has to consider what a reasonable person would have understood from the words used in the context in which they were used (IFE Fund SA v Goldman Sachs International [2006] EWHC 2887 (Comm), per Toulson J at [50]).

In the context of a tenancy agreement in which the express term was 12 months, it may be difficult to establish, as a fact, that the landlord represented that the tenancy was to carry on for some longer term than 12 months. If it were so, then one would have expected the express term to have been negotiated

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