Land fronting highway leased by council to occupiers
at yearly rent of £30.
Agreement stated tenancy shall continue until land required
by council for purposes of road widening.
60 years later widening had not taken place.
Reversion was now held by LRB, which was not highway
LRB served notice to quit, purporting to end tenancy.
Plaintiffs argued tenancy could only be determined if
land required for road widening purposes.
House of Lords held all leases and tenancy agreements
must be certain in duration.
Here lease was for uncertain period and was void.
Land was held on yearly tenancy.
This arose by virtue of tenant’s possession and
payment of yearly rent.
A yearly tenancy is not uncertain because each party has
power by notice to determine at end of each year.
Only those terms consistent with yearly tenancy would
Term relating to road widening was inconsistent with
ability of either party to determine yearly tenancy.
Hence tenancy had been lawfully determined.