Supreme Court to hear appeal on uncertain lease length

The Supreme Court is to consider whether a lease that grants a tenancy for an uncertain length of time is void. In Mexfield Housing Co-Operative Ltd v Berrisford, a standard form of lease used by the landlord was held to offend the legal requirement that a lease must have a fixed or ascertainable term. The tenancy was periodic and the landlord could serve a notice to quit only if the tenant was in breach of obligation. Since this was an event that might or might not happen, the restriction was void and had to be struck out. Accordingly, the landlord could terminate without restriction and the tenant did not have the protection that the agreement had intended to give her. The two-day hearing of the tenant’s appeal will begin on 5 October before Lord Hope, Lord Walker, Lady Hale, Lord Mance, Lord Neuberger MR; Lord Clarke and Lord Dyson.