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:
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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