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9
SECTION IIl
Leases/fort 'en Indeterminate Term
CONCLUSION
I agree with the opinions of both Mr. Thornton and
Mr. Rushforth that leases for an indeterminate duration are
unknown to English law, (Sevenoaks Railway Case 1879 11 Ch D525 at 635; Hill & Redman 16th Edition p.57). Hence legislation would be required.
As this particular option has now been rejected, I will
not pursue it further.
1.
A.
SECTION IV
Periodic Tenancies
There remains this further option which so far as I
know has not been considered previously.
A periodic tenancy, such as a tenancy from year to year, is a continuing tenancy for a set period (weekly/annually/etc.)
which does not expire at the end of the period unless notice terminating it has been served by either the landlord or tenant
so as to expire at the end of any period; if no notice is served then the tenancy automatically continues by operation of law for a similar period again. A periodic tenancy has most of the features! of a lease including the ability to contain the same sort of covenants and to be assignable.
15.
Hill &. Redman 16th Edition para. 12
!
It is an essential requirement to the validity of a lease (as opposed to a periodic tenancy) that it is for a fixed term whose maximum quration is ascertainable at the commencement of the term: Lace v. Chantler 1944 KB 368: Hill & Redman 16th Edition P. 3. Indeterminate leases are either void because of uncertainty as to the length of their term, or else operate as the grant of a freehold because the bar on their ending is repugnant. to the whole concept of landlord and tenant, implicit in which is the necessity for the landlord to retain a reversion: Milmo v. Carreras supra.