Q&As

A business tenant has occupied two business premises owned by the same landlord for more than six months. A written tenancy at will for one of the properties provides for the tenant to pay a monthly rent and is capable of termination at any time. What notice period needs to be given to terminate and how is it best to recover outstanding rent? The second premises are occupied on an ‘implied’ tenancy at will ie no written agreement exists. Does the tenant have security of tenure?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 30 July 2018
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The question here is whether an express written Tenancy at Will or an implied unwritten tenancy at will shall attract the ‘security of Tenure’ conferred by Part II of the Landlord and Tenant Act 1954 (LTA 1954) which would prevent the landlord recovering possession without first serving a notice pursuant to LTA 1954, s 25, and what period of notice is required (in addition to under LTA 1954, s 25 if the tenancy does attract security of tenure)?

All tenancies at will, whether granted expressly as such or arising by

Helen Galley
Helen Galley

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.

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Jurisdiction(s):
United Kingdom
Key definition:
Business premises definition
What does Business premises mean?

A trader’s ‘business premises’ means any: • immovable retail premises where the activity of the trader is carried out on a permanent basis, or • movable retail premises where the activity of the trader is carried out on a usual basis

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