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Tenancy can be inferred from conduct at common law, despite partial overlap in identities of landlord and tenant (Procter v Procter)

Published on: 17 February 2021
Published by: LexisPSL
  • Tenancy can be inferred from conduct at common law, despite partial overlap in identities of landlord and tenant (Procter v Procter)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Property Disputes analysis: The Court of Appeal has held that a tenancy from A as landlord to AB jointly as tenant can be inferred from conduct at common law, or created orally and that it is conceptually possible for a tenant to have exclusive possession in such circumstances, even where there is an overlap between the individuals comprising the landlord and tenant. It further held that a tenancy at will is a true tenancy which can be protected by the Agricultural Holdings Act 1986 (AHA 1986), subject to certain exceptions, and that a tenancy in a case of mixed agricultural and non-agricultural use could be protected by AHA 1986 even where 27% of the holding had been converted into a golf course. Written by Edward Peters, barrister at Falcon Chambers. or take a trial to read the full analysis.

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