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Proprietary estoppel and implied tenancies (Smoke Club v Network Rail)

Proprietary estoppel and implied tenancies (Smoke Club v Network Rail)
Published on: 20 April 2021
Published by: LexisPSL
  • Proprietary estoppel and implied tenancies (Smoke Club v Network Rail)
  • What are the practical implications of this case?
  • What was the background?
  • What did the UT decide?
  • Proprietary estoppel
  • Implied periodic tenancy
  • Case details

Article summary

Property Disputes analysis: The Upper Tribunal (UT) (Lands Chamber) determined that an annual periodic subtenancy with security of tenure under the Landlord and Tenant Act 1954 (LTA 1954) had arisen by implication where a nightclub operator had gone into occupation of land and paid rent. However, no interest had been acquired under the doctrine of proprietary estoppel or constructive trust. Written by Tiffany Scott QC, barrister at Wilberforce Chambers and counsel for the claimants. or take a trial to read the full analysis.

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