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Brilliant v Michaels [1945] 1 All ER121

A contract for the lease of a flat was stated to take effect when the flat became vacant. The tenant did go into possession when the flat became vacant.

Held:

This did create a valid lease despite the lack of certainty on commencement.

Evershed J:

“ a contract for a lease is enforceable notwithstanding that the commencement of the term may be expressed by reference to the happening of a contingency which is at the time uncertain provided that, at the time that the contract is sought to be enforced, the event has occurred and the contingency has happened. “

Back to lecture outline on requirements of a lease in Land Law