2. Agreement stated tenancy shall continue until land required by council for purposes of … Prudential Assurance Co Ltd v London Residuary Body [1992] 3 AC 386, [1992] 3 All ER 504 (HL) View Homework Help - Prudential Assurance Co Ltd v London Residuary Body | Westlaw.pdf from LAW LC2008 at National University of Singapore. The tenant has a right against the landowner, despite the fact that they don’t have an estate. It relied on the decision in Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386 as authority for the proposition that a term of uncertain duration cannot create a lease and that consequently, the entire occupancy agreement was void (including cl.6). Prudential assurance company v London residuary body. Northern Ireland carriers ltd v larne harbour ltd. Lessee can restrict or prohibit the individual leasing the property from assigning the lease with clear words. Moore, Anthony P et al, Australian property law : cases and materials (Thomson Reuters (Professional) Australia Limited, 5th ed., 2016) Ltd v London Residuary Body,3 (Prudential Assurance) although Lord Browne- Wilkinson joined in affirming the rule, his Lordship nevertheless described it as 'ancient and technical', productive of 'bizarre outcome [s]' and devoid of 'satis- Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. Prudential Assurance Co ltd v London Residuary Body [1992] 2 AC 386 Case summary A lease granted for life (or until marriage) would be saved by s.149 (6) of the Law of Property Act 1925 which provides that such leases are to take effect as a lease granted for 90 years determinable on death (or marriage) of that person. Mr Antoniades later tried to claim possession of the property but failed. Have you read this? Prudential Assurance Co Ltd v London Residuary Body and Others: HL 16 Jul 1992 References: Gazette 16-Sep-1992, [1992] 3 All ER 504, [1992] 3 WLR 279, [1992] 2 AC 386, [1991] UKHL 10 Links: Bailii 5 Prudential Assurance Co. Ltd. [1992] 2 A.C. 386, 390. culminating in the decision of the House of Lords in Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386, is that an arrangement such as that embodied in the Agreement could not be a valid tenancy as a matter of law. This causes some difficulty in our legal system. Prudential Assurance v London Residuary Body [1992] Uncategorized Legal Case Notes August 26, 2018 May 28, 2019. Prudential Assurance Co Ltd v London Residuary Body [1991] UKHL 10 is an English land law case, concerning leases. 1350 Words 6 Pages. 'Prudential Assurance v London Residuary Body 1991 UKHL 10' 'Westfield Management Limited v Perpetual Trustee Company Limited 2007 HCA 45' Australian property law journal. News > UK Law Report: Landlord's notice to quit was valid - Prudential Assurance Co Ltd v London Residuary Body and others. a) The decision in Prudential Assurance v London Residuary Body was not overruled: Mrs Berrisford lost her appeal. View all articles and reports associated with Prudential Assurance Co Ltd v London Residuary Body [1991] UKHL 10 Mr Villiers and Miss Bridger moved in together, signing identical licence agreements with Mr Antoniades. 11/2/2016 Prudential Assurance Co Ltd v London Residuary tutorial leases formation (certainty, formalities and types of lease) ii: distinction between leases and licences; and forfeiture definition law and property A lease of land is a sophisticated but somewhat inflexible institution, not easily adjustable to meet changing social and commercial expectations (see, for example, Prudential Assurance v. London Residuary Body [1992] 2 AC 386, discussed below), and this can limit its usefulness. How does the Supreme Court’s decision in Berrisford v. Mexfield Housing Co-operative Ltd (2011) affect that reasoning?-Both cases - requirement for certainty should be deemed as necessary BUT as long as both parties are aware of each other's intentions should that suffice? The document also includes supporting commentary from author Aruna Nair. The London Residuary Body was a body set up in 1985 to dispose of the assets of the Greater London Council after the council's abolition in 1986. Prudential Assurance v London Residuary Body. Add to My Bookmarks Export citation. Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386. Land fronting highway leased by council to occupiers at yearly rent of £30. Setting a reading intention helps you organise your reading. Prudential Assurance Co Ltd v London Residuary Body; Javad v Aqil; Berrisford v Mexfield Criticism of Berrisford v Mexfield: Although in this case the lease for life reasoning worked to protect Mrs. Berrisford, the wider ramifications will not always be welcome, and some are positively alarming. Case Of Prudential Assurance V London Residuary Body. In other words, the start and end of the tenancy must be capable of being computed at the outset. A lease can be defined to be a ‘term of years absolute’, as stated under section 205(1) (xxvii) LPA 1925. 4 Mexfield Housing Co-Operative Ltd. [2011] UKSC 52; [2012] 1 A.C. 955, at [34]. Prudential Assurance Co. Ltd v London Residuary Body (1992). The Kahan’s successfully appealed a High Court Ruling at The House of Lords involving one of their former companies Barron Investments in Prudential Assurance Company Limited (Respondents) v. London Residuary Body and others (Appellants). If formalities are not observed then the lease will not be effective. Jump to navigation Jump to search. 1.3 Analyse the concept of exclusive In-text: (Prudential Assurance Co. Ltd v London Residuary Body, [1992]) Your Bibliography: Prudential Assurance Co. Ltd v London Residuary Body [1992] 1 AC 386. The court’s second holding, that rent is not necessary for the creation of a tenancy, has yet to be overruled despite conflicting with the requirements of Street v Mountford. Prudential Assurance Co Ltd v David Monroe Ayres & Christopher Grew (2008) Summary. Accordingly, Mexfield contended, Ms … Previous: Antoniades v Villiers [1990] 1 AC 417. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × However, this case has been overruled on this point by the House of Lords in Prudential Assurance v London Residuary Body, and is therefore likely wrongly decided. Prudential Assurance Company Limited (Respondents) v. London Residuary Body and others (Appellants) JUDGMENT Die Jovis 16° Julii 1992 Upon Report from the Appellate Committee to whom was referred the Cause Prudential Assurance Company Limited against London Residuary Body and others, That the Committee In Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386 the House of Lords had upheld the certainty requirement for all leases, although the case concerned a purported fixed term lease. One risk here is in altering the nature of the proposed arrangement. 3 Prudential Assurance Co. Ltd. v London Residuary Body [1992] 2 A.C. 386, 396. No, because the lease is not for a certain term: Prudential Assurance Co Ltd v London Residuary Body [1972] 2 AC 386. correct incorrect No, because D has kept a key: Aslan v Murphy [1990] 1 WLR 766. correct incorrect Prudential Assurance v London Residuary Body on London Law Map Fantastic review of land law case Prudential Assurance v London Residuary Body on the London Law Map, clearly explaining the principle of law and outlining the facts in an easy to read yet very informative blog post. The Australian law journal. 1.2 Essential common law characteristics; • relevant case law: eg Lace v Chantler (1944), Prudential Assurance Co. Ltd v London Residuary Body (1992), Ashburn Anstalt v Arnold (1989); This specification is for 2021examinations . Calls for judicial reconsideration of Prudential Assurance Co Ltd v London Residuary Body, and highlights the need for more work on the history of land law in the 19th and 20th centuries. Mapping interesting legal places Welcome to OpenLawMap, an interactive and user-generated map showing sites of legal significance in the UK, with associated blog entries and discussions. For example, in the 1992 case of Prudential Assurance Co Ltd v London Residuary Body a strip of land adjoining a road was granted “until the…land is required for the purposes of widening of Walworth Road… M. Thomas 1 Liverpool Law Review volume 15 , pages 201 – 214 ( 1993 ) Cite this article The decision in Prudential Assurance v London Residuary Body was not overruled: Mrs Berrisford lost her appeal. Do you agree with the reasoning and decision in Prudential Assurance Co. Ltd v. London Residuary Body (1992)? Antoniades v Villiers. This case document summarizes the facts and decision in Prudential Assurance Co. Ltd v London Residuary Body [1992] 2 AC 386, House of Lords. 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