Q&As

A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What notice must be served to terminate the tenancy?

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Published on LexisPSL on 05/09/2017

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

  • A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What notice must be served to terminate the tenancy?

A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What notice must be served to terminate the tenancy?

If the tenant remains in occupation at the end of a lease term, it may be inferred that it is remaining either as a:

  1. tenant at will, or

  2. tenant with a periodic tenancy

If rent continues to be accepted and there are no active negotiations for the parties to enter into a new lease, this conduct is likely to amount to a periodic tenancy arising rather than a tenancy at will. Each case will turn on its facts.

If a new periodic tenancy is deemed to have been created, it will be in the same or similar terms to that of the previous lease that has expired.

A

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