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 LexisPSL on 30/07/2018

The following Property Disputes Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • 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?

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 implication of law are excluded from LTA 1954, Pt II even if a rent is reserved. See: Wheeler v Mercer and Hagee (London) v AB Erikson and Larson. Consequently, if both the written agreement and the implied agreement truly create tenancies at will, ne

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