Q&As

A tenant went into occupation of nursery school premises while lease negotiations were ongoing, but these were never concluded. Rent has been demanded and accepted, although the tenant has failed to make payment for a number of months. Will the tenant have security of tenure under Landlord and Tenant Act 1954 and if so, will the landlord be able to recover possession by serving a notice opposing the grant of a new tenancy?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 21/05/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A tenant went into occupation of nursery school premises while lease negotiations were ongoing, but these were never concluded. Rent has been demanded and accepted, although the tenant has failed to make payment for a number of months. Will the tenant have security of tenure under Landlord and Tenant Act 1954 and if so, will the landlord be able to recover possession by serving a notice opposing the grant of a new tenancy?

A tenant went into occupation of nursery school premises while lease negotiations were ongoing, but these were never concluded. Rent has been demanded and accepted, although the tenant has failed to make payment for a number of months. Will the tenant have security of tenure under Landlord and Tenant Act 1954 and if so, will the landlord be able to recover possession by serving a notice opposing the grant of a new tenancy?

Where, before a tenancy is granted (or a tenancy has come to an end), the putative tenant goes into occupation and pays rent (or the former tenant remains in occupation and pays rent), and negotiations between the putative (or former) tenant and the landlord are ongoing, no tenancy (either fixed term or periodic) will arise. Instead, the court will treat the arrangement as a ‘tenancy at will’; a legal arrangement which will not bring the occupying putative (or former) tenant within the Landlord and Tenant Act 1954 (LTA 1954). See Practice Notes: Using licences and tenancies at will and Periodic tenancies.

Once the parties formally reach agreement for the grant of a tenancy, a tenancy of some form will then arise. Furthermore, where the negotiations break down, in the absence of any other explanation, the court can infer that the parties intended to create a tenancy (Javad v Aqil). See Practice Note: Implied

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