Q&As

A tenant is in occupation under an implied tenancy at will with no previous written lease. Are there any implied terms in a commercial periodic tenancy in respect of the tenant’s obligation to repair and reinstate the premises? Is the position the same where the occupier has acquired a periodic tenancy?

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Published on LexisPSL on 12/10/2018

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

  • A tenant is in occupation under an implied tenancy at will with no previous written lease. Are there any implied terms in a commercial periodic tenancy in respect of the tenant’s obligation to repair and reinstate the premises? Is the position the same where the occupier has acquired a periodic tenancy?

A tenant is in occupation under an implied tenancy at will with no previous written lease. Are there any implied terms in a commercial periodic tenancy in respect of the tenant’s obligation to repair and reinstate the premises? Is the position the same where the occupier has acquired a periodic tenancy?

A tenancy at will is a precarious right to occupy land. It can arise by implication where the parties have not expressly agreed that there should be a grant of some other form of tenancy. Where parties are negotiating the terms of a proposed lease, and the prospective tenant is let into possession or permitted to remain in possession in advance of, and in anticipation of, terms being agreed, the fact that the parties have not yet agreed terms will be a factor to be taken into account in ascertaining their intention. It will often be a weighty factor. The parties cannot sensibly be taken to have agreed that the tenant shall have a periodic tenancy, with all the

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