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Landlord and tenant Possession
Supreme Court
Lord Hope, deputy president, Lord Walker, Lady Hale, Lord Mance, Lord Neuberger MR1 Lord Clarkeand Lord Dyson
9 November 2011
[201 1]UKSC 52
[2011] 46 EG 105
[CS]
Tenancy - Certainty of term -Appellant occupying residential premises under agreement with respondent housing association - Agreement expressed to take effect from month to month and to be terminable by association only on occurrence of specified events - Such tenancy invalid for uncertainty of term - Whether occupancy agreement creating periodic tenancy terminable by four weeks' notice - Whether creating life tenancy terminable on specified events -Appeal allowed
The respondent was a fully mutual housing association that purchased mortgaged properties from borrowers who were in difficult)' and then let the properties back to them. In 1993, it purchased a residential property from the appellant and then entered into an "occupancy agreement" with her under which it purported to let the property back to her from month to month, at a weekly rent, until determined as provided in the agreement. Clause 5 entitled the appellant to determine the agreement by giving one month's notice. By clause 6, the respondents right to determine by notice arose only on the occurrence of specified events, includingthe accrual of rent arrears or some other breach of the agreement.
In 2008, the respondent gave the appellant...