Overview

tenancy by estoppel


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A lease that exists despite the fact that the person who granted it had no legal right to do so (because, for instance, the landlord holds no estate in the land). Such a tenancy is binding on the landlord and tenant but not on anyone else (although see Bruton v London & Quadrant Housing Trust [2000] 1 AC 406 (HL). If the landlord subsequently acquires an estate, the estoppel is “fed” and the lease becomes a full legal lease (EH Lewis & Son Ltd v Morelli [1948] 2 All ER 1021; Macley v Nutting [1949] 2 KB 55).

Subjects: Law.


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