§ SECTION 122 · BSA 2023 · CHAPTER VIII — ESTOPPEL

Estoppel of tenant and of licensee of person in possession

Two specific estoppels. A tenant (and anyone claiming through him) may not deny that his landlord had title when the tenancy began; and a licensee may not deny that the person who let him in had title to possession when the licence was given.

How to read Section 122

If you took possession as a tenant or entered by someone’s licence, you cannot later deny that they had title at the start.

Tenant’s bar

No tenant — or one claiming through him — may deny that the landlord had title at the beginning of the tenancy.

For how long

The bar lasts during the tenancy and any time thereafter — the BSA widens the old rule.

Licensee’s bar

A licensee who came on the property may not deny that the person in possession had title to that possession when the licence was given.

The bare Act

The section in its own words — two limbs: the tenant’s estoppel and the licensee’s.

Section 122 · verbatim

Tenant. No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property;

Licensee. and no person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when such licence was given.

In short: having taken the benefit of someone’s position, you cannot then attack the very title you relied on. A tenant — and any sub-tenant or successor claiming through him — is barred from denying that his landlord had title at the beginning of the tenancy; under the BSA that bar runs during the tenancy and any time thereafter. In the same way, a licensee who entered another’s property by licence cannot deny that the person who let him in had title to possession at the moment the licence was given. In both limbs, only the title at the starting point is protected — the tenant or licensee is not barred from showing that the title later ended or was lawfully determined.

→ This carries forward IEA 1872 § 116 — the estoppels of tenant and licensee.

Glossary

estoppel of tenant

A tenant may not deny that his landlord had title when the tenancy began.

during the tenancy or any time thereafter

The bar lasts through the tenancy and beyond — the BSA widens the old rule, which stopped when the tenancy ended.

a title… at the beginning of the tenancy

Only the landlord’s title at that starting moment is protected from denial.

person claiming through such tenant

A sub-tenant or successor in the tenant’s right — equally bound.

licence

Permission to be on another’s property without transferring any interest in it.

came upon… by the licence

Entered under that permission — so cannot deny the giver’s title to possession at that time.

The picture

Take possession from a landlord, or enter by a licence, and you are barred from denying their title at that starting point.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

Tenant’s estoppelLicensee’s estoppel

tenantA tenant cannot deny the landlord’s title at the start of the tenancy

In one lineHaving taken possession as a tenant, neither he nor anyone claiming through him may deny that the landlord had title when the tenancy began — during it and any time after.

No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, be permitted to denyno tenant (or one claiming through him) may deny…the bar catches the tenant and any sub-tenant/successor, and runs during and after the tenancy…

that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property;→ that the landlord had title at the START…that the landlord had title to the property at the beginning of the tenancy.

ExampleT rents a shop from L and occupies it for years. T cannot resist L’s suit for possession by arguing that L never owned the shop — having taken the tenancy from L, T is estopped from denying L’s title at its start.

✗ Not thisOnly the landlord’s title at the beginning is shielded. T is not barred from showing that L’s title later ended — e.g. it was sold, or determined by a superior title after the tenancy began.

licenseeA licensee cannot deny the giver’s title to possession when the licence was given

In one lineOne who came onto property by another’s licence may not deny that that person had title to possession at the time the licence was given.

and no person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to denyone who entered by another’s licence may not deny…a person let onto the land by licence of the one in possession…

that such person had a title to such possession at the time when such licence was given.→ that the giver had title to possession THEN…cannot deny that that person had title to such possession at the time the licence was given.

ExampleP, in possession of a plot, licenses Q to put up a stall on it. In a dispute, Q cannot argue that P had no right to the possession when P let Q in — Q took the benefit of P’s possession and is estopped from denying it.

✗ Not thisThe bar fixes only P’s title at the moment the licence was given. It does not stop Q from showing that P’s right later ceased, nor does it settle who truly owns the land as against third parties.

Connected provisions

§ 121 · back

IEA 1872, § 116

Carried forward — widened so the tenant’s bar runs beyond the tenancy.

BSA 2023 § 122 — Estoppel of tenant and of licensee of person in possession