Q&As

A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't executed. Nevertheless the company took up occupation in January 2014 and has remained in the premises since. It has spent money investing in the property. No rent has ever been demanded or accepted. The company has tried to pay rent but to no avail and the landlord's solicitors have been notified that a specific rent account had been set up by the company for payment of rent when demanded. The landlord's solicitors had indicated they did not consider the company to have a tenancy of the premises as rent had never been paid. By virtue of remaining in the premises, has the company acquired a protected business tenancy on the terms intended by the parties as set out in the final draft lease? Failing that, has the company acquired a tenancy at will? The landlord's solicitors have served a notice seeking information pursuant to the LTA 1954, s40.

read titleRead full title
Published on LexisPSL on 06/08/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't executed. Nevertheless the company took up occupation in January 2014 and has remained in the premises since. It has spent money investing in the property. No rent has ever been demanded or accepted. The company has tried to pay rent but to no avail and the landlord's solicitors have been notified that a specific rent account had been set up by the company for payment of rent when demanded. The landlord's solicitors had indicated they did not consider the company to have a tenancy of the premises as rent had never been paid. By virtue of remaining in the premises, has the company acquired a protected business tenancy on the terms intended by the parties as set out in the final draft lease? Failing that, has the company acquired a tenancy at will? The landlord's solicitors have served a notice seeking information pursuant to the LTA 1954, s40.
  • Is the arrangement a tenancy at will or Landlord and Tenant Act 1954 protected periodic tenancy?
  • Service of s 40 notice

A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't executed. Nevertheless the company took up occupation in January 2014 and has remained in the premises since. It has spent money investing in the property. No rent has ever been demanded or accepted. The company has tried to pay rent but to no avail and the landlord's solicitors have been notified that a specific rent account had been set up by the company for payment of rent when demanded. The landlord's solicitors had indicated they did not consider the company to have a tenancy of the premises as rent had never been paid. By virtue of remaining in the premises, has the company acquired a protected business tenancy on the terms intended by the parties as set out in the final draft lease? Failing that, has the company acquired a tenancy at will? The landlord's solicitors have served a notice seeking information pursuant to the LTA 1954, s40.

Is the arrangement a tenancy at will or Landlord and Tenant Act 1954 protected periodic tenancy?

The case law is a little inconsistent in this area and very much dependent on the facts in each case. A tenancy at will arises by implication where a

Related documents:

Popular documents