TNAG-0943-FCO40-1162-Future-of-Hong-Kong-1980 — Page 70

SECTION IN

Leaves N

CONTOURLON

9

indeterminate Term

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 P525 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.

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. Hill &. Redman 16th Edition para. 12,

15.

It is an essential requirement to the validity of a lease (as opposed to a periodic tenancy) that it is for a fixed term

tol

whose maximum duration 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.