Source: All England Reporter
Publisher Citation: [2002] All ER (D) 467 (Jul)
Neutral Citation: [2002] EWCA Civ 1076
Court: Court of Appeal, Civil Division

Sir Andrew Morritt V-C, Rix and Jonathan Parker LJJ

Representation John Furber QC and William Hanbury (instructed by Gosschalks, Kingston-upon-Hull) for the claimant.
  Joseph Harper QC and Timothy Hartley (instructed by Thorpe & Co, Scarborough) for the defendants in both actions.
Judgment Dates: 30 July 2002


Estoppel - Proprietary estoppel - Conduct - Claimant's predecessor in title granting new lease at ground rent on expiry of lease - Claimant offering new lease at rack rent - Whether claimant estopped from offering new lease at rent other than ground rent.

The Case

A longstanding practice by a landlord of renewing leases at a ground rent could not, in itself, justify an expectation on the part of the tenants that that practice would continue in perpetuity. Something more was required before any question of unconscionability could arise. On the facts of the instant case, there was nothing sufficient to convert that practice into a representation or assurance sufficient to found a proprietary estoppel preventing a landlord from renewing a lease at a rack rent.

Practice Areas

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