ECC 1228/70

This case involved a request to terminate a tenancy agreement and evict the tenant. The court had been wrong to ignore a defence that the agreement should not have been terminated until an advance payment made was used.

Background

A landlord filed a case against a tenant and requested the court to dismiss the tenancy agreement dated on 01/04/1997 and order the tenant to vacate the property. The landlord stated that the agreement had ended and he had no desire to renew it.

The tenant requested the court to determine the period of tenancy agreement at sixty years.

The court rejected the tenant's request and ruled the tenancy agreement should be dismissed and that the tenant should vacate the property.

The tenant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision