Bingham leased a small shop from Wright under a tenancy agreement that provided for a three-year…

Bingham leased a small shop from Wright under a tenancy
agreement that provided for a three-year term at a monthly rental of $800 per
month. The lease did not contain an option to renew, but following the expiry
of the lease on October 31, 2010, Bingham continued to pay the monthly rental
of $800 to Wright. The term of the tenancy was never discussed between the
parties, nor was the lease arrangement discussed until June 2011, when Wright
gave Bingham a written notice that read: “I have sold the property in which you
presently occupy space, and the purchaser will require vacant possession
»

Bingham leased a small shop from Wright under a tenancy
agreement that provided for a three-year term at a monthly rental of $800 per
month. The lease did not contain an option to renew, but following the expiry
of the lease on October 31, 2010, Bingham continued to pay the monthly rental
of $800 to Wright. The term of the tenancy was never discussed between the
parties, nor was the lease arrangement discussed until June 2011, when Wright
gave Bingham a written notice that read: “I have sold the property in which you
presently occupy space, and the purchaser will require vacant possession on
December 31, 2011. This letter gives you written notice to vacate in six
months’ time.” In response, Bingham wrote Wright and advised her that he was in
possession under a lease that did not expire until October 31, 2013, and that
the notice given did not apply to his present tenancy. Wright gave Bingham a
second written notice on October 25, 2011, now demanding vacant possession of
the premises by November 30, 2011. When Bingham refused to vacate the shop,
Wright brought an action for a writ of possession. Outline the arguments that
might be raised by the parties in this case. Render a decision.

»

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