ABSTRACT
The tenancy must be granted for a ‘term of years certain’, and so the parties cannot agree to exclude any other type of tenancy such as a periodic tenancy. In Re Land and Premises at Liss, Hants [1971] 3 All ER 380, it was held that a term of one year or more, as well as a term for a fixed period of less than one year, was included in the expression. However, in Nicholls v Kinsey [1994] 1 EGLR 131, CA, a tenancy for 12 months and thereafter from year to year was not a ‘term of years certain’ for the purposes of s 38(4). In Metropolitan Police District Receiver v Palacegate Properties Ltd [2000] 3 All ER 663, CA, a tenancy granted for five years and ‘thereafter determinable by six months’ prior written notice on the part of the landlord …’ was a ‘term of years certain’ for the purposes of s 38(4) of the 1954 Act.
