Rescuing Uncertain Leases in English Law: A Study in Compatibility for Transplantation: Berrisford v. Mexfield Housing Co-operative Ltd

• Main Authors: LOW, Kelvin Fatt Kin, LEOW, Rachel
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2012
• Subjects: Leases; Common law; leasehold; Supreme Court decisions; Singapore; Asian Studies; Property Law and Real Estate
• Online Access: https://ink.library.smu.edu.sg/sol_research/1408
• Institution: Singapore Management University

The common law rule that requires certainty in the terminus of leasehold estates has been the subject of trenchant criticism even as it has been upheld repeatedly by the courts. In Berrisford v. Mexfield Housing Co-operative Ltd [2011] 3W.L.R 1091, the English Supreme Court has once again upheld the rule but has suggested that its harshness may be tempered by two different techniques. This note studies the viability of these techniques in Singapore and questions if the rule may be too severely criticised.