Q&As

Can a tenancy at Will amount to 'parting with possession'?

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Published on LexisPSL on 13/08/2020

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

  • Can a tenancy at Will amount to 'parting with possession'?

Can a tenancy at Will amount to 'parting with possession'?

To constitute a tenancy, the occupier must be granted exclusive possession for a fixed or periodic term certain in consideration of a premium or periodical payments (Street v Mountford at 294). Once the tenancy takes effect, there is necessarily a parting with possession. The landlord grants exclusive possession to the tenant. The landlord no longer has possession of the demised premises. Whether it be for a fixed term or a periodic tenancy, for as long as the tenancy continues, only the tenant has exclusive possession. The only way in which either party can bring this state of affairs to an end, is by the tenancy being brought to an end. This might happen by the exercise of a break clause or forfeiture in the case of a fixed term, or the service of notice to quit in the case of a periodic tenancy. Alternatively, in the case of a fixed term, it might happen when the contractual term comes to

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