Look Loy v Kelly

• Jurisdiction: Cayman Islands
• Judge: (Zacca, P., Taylor and Forte, JJ.A.)
• Judgment Date: 25 November 2005
• Court: Court of Appeal (Cayman Islands)
• Date: 25 November 2005

Court of Appeal

(Zacca, P., Taylor and Forte, JJ.A.)

LOOK LOY

and

KELLY and POWIS

Attorneys: Nervik & Co. for the appellant; Associated Advocates Chambers for the respondents.

Landlord and Tenant-creation of tenancy-implied tenancy

The second respondent signed a lease to rent the appellant”s apartment for 12 months with rent payable monthly. The appellant knew that the first respondent had moved into the apartment with the second respondent and even discussed rent arrears and other matters relating to the apartment with her. The lease contained various covenants including a covenant not to assign, underlet or part with the possession of the demised premises or any part thereof without the written consent of the landlord, but the appellant took no action in respect of this covenant. It also stated, in relation to holding over, that the periodic tenancy which would ensue would be on the same ‘covenants, conditions and provisions as are herein contained.’ The respondents sought declarations that after expiration of the lease they occupied the premises on an annual periodic tenancy, and that the first respondent was an implied tenant.

Held: (1) The first respondent was not an implied tenant. There was no evidence that the appellant had been informed that she was to be a co-tenant, or that she was present when the lease agreement was signed. The appellant”s knowledge of her...