Bruton v london quadrant housing trust essay

These circumstances were that the Trust was a responsible landlord performing socially valuable functions, it had agreed with the council not to grant tenancies, Mr. F moved out and made an agreement with council that if she terminated tenancy she would be re-housed by them; F terminated without knowledge or consent of D.

In Morton Kelly C. Seeks to explore the idea that the Bruton tenancy is a true proprietary tenancy, albeit of a very circumscribed type which would not satisfy all definitions of proprietary. The basis of the estoppel is that having entered into an agreement which constitutes a lease or tenancy, he cannot repudiate that incident or obligation.

Lord Hoffmann refers to other legislation in his judgement: If the House of Lords has created a new species of tenancy, it may possibly be registrable as a minor interest if the land is registered, or as a Class C Land Charge if the title is unregistered.

It is submitted that this is difficult to reconcile with the judgment in Milmo v Carreras [] KBa case not cited in Bruton.

Tenancy by estoppel arises when one or other of the parties wants to deny one of the ordinary incidents or obligations of the tenancy on the ground that the landlord had no legal estate. The House of Lords decided that he did not have exclusive occupation. Lord Hoffman cites the case of Morton v Woods31 to support his contention that a tenancy creates estoppel.

In the absence of the power to create the legal estate the lease does not exist until an estoppel is imposed by the court. According to Millet L. But it is the fact that the agreement is a lease which creates the proprietary interest.

If the House of Lords has created a new species of tenancy, it may possibly be registrable as a minor interest if the land is registered, or as a Class C Land Charge if the title is unregistered.

The basis of the estoppel is that having entered into an agreement which constitutes a lease or tenancy, he cannot repudiate that incident or obligation. First, the finding of a lease whose nature is personal, not proprietary, deviates from orthodox understandings of a lease as an estate in land.

Bruton was a tenant. He goes on to state that: An estoppel does not confer an actual estate on the tenant, but it operates in the same way until the land reverts to the true owner.

Bruton was a lease within the meaning of section 11 of the Landlord and Tenant Act As contractual leases conferring exclusive possession and giving rights against all who interfere with possession other than those who can show a better right to possession, or as licences.

The grantor did have an estate. The question as to whether a lease exists is one of law to be determined by reference to Street v Mountford; in this case there was an agreement on terms which constituted a tenancy.A crucial case in the development of property law was Bruton v London Quadrant Housing Trust ().

The relevance of section 11 to this case was that the claimant (or plaintiff as he then was) claimed that he was a lessee of the property in question, which was owned by the Trust.

Chapter 6: Further reading

A lease creates a legal estate, the phrase ‘term of years absolute’ could be seen as contradicted through the case of Bruton v London & Quadrant Housing Trust [6]. It was held by the House of Lords that the case was of a special nature, the decision and outcome.

Bruton v London & Quadrant Housing Trust [2000]

Per Lord Hoffmann in Bruton v London & Quadrant Housing Trust, supra at p Per Lord Hoffmann in Bruton v London & Quadrant Housing Trust, supra at p Mark Pawlowski, James Brown, Case Comment Bruton: A new species of tenancy?, Landlord & Tenant Review March 13, Bruton v London and Quadrant Housing Trust [] 1 AC Facts: L is a charitable Housing Trust one of whose purposes is to provide short term accommodation for the homeless.

In the landmark case of Bruton v London and Quadrant Housing Trust[2], court to a certain extent disregarded this dual nature and consequently revolutionized the long-established understanding and principles of lease/tenancy and created a new species of.

Bruton v London & Quadrant Housing Trust [] UKHL Property law – Landlord and tenant – Leases. Facts. The defendant was a voluntary housing trust that focussed on homelessness.

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Bruton v london quadrant housing trust essay
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