Q&As

Is it possible to grant a tenancy agreement of a freehold property, allowing the tenant to remain living at the property until their death, cohabitation or re-marriage, whichever is the first to occur?

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Published on LexisPSL on 15/12/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to grant a tenancy agreement of a freehold property, allowing the tenant to remain living at the property until their death, cohabitation or re-marriage, whichever is the first to occur?

Is it possible to grant a tenancy agreement of a freehold property, allowing the tenant to remain living at the property until their death, cohabitation or re-marriage, whichever is the first to occur?

This Q&A raises the nature of a tenancy as an interest in land and the terms to which it can be subject.

In Street v Mountford, Lord Templeman stated that ‘the only intention which is relevant is the intention demonstrated by the agreement to grant exclusive possession for a term at a rent’. Strictly, his reference to a term was obiter as it was not an issue which was in dispute in that case.

That issue came before the House of Lords in Prudential Assurance Co Ltd v London Residuary Body. In that case, land was the subject of lease by a local authority which purported to grant it at an annual rent of £30 subject to a provision that it would come to an end until that body required it back for road widening purposes. The House of Lords decided that a lease of land could not be granted on such a basis. Once again, Lord Templeman gave the opinion of the House and he concluded that a grant for an uncertain term does

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