Q&As

Has a periodic tenancy arisen and how much notice must the tenant give to terminate the lease? Should the notice expire on a quarter day?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 04/08/2016

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

  • Has a periodic tenancy arisen and how much notice must the tenant give to terminate the lease? Should the notice expire on a quarter day?
  • Tenancy at will or a periodic tenancy?
  • Periodic tenancies

Has a periodic tenancy arisen and how much notice must the tenant give to terminate the lease? Should the notice expire on a quarter day?

Case Study

A tenant has remained in occupation following the expiry of a contracted out lease and has continued paying rent quarterly. The parties have not entered into negotiations for a new lease. The lease contained a tenant break option, exercisable at any time on giving three months' notice.

If a tenant remains in occupation at the end of a lease term with the landlord’s consent, it may be inferred that they are remaining either as a:

  1. tenant at will, or

  2. tenant with a periodic tenancy

As between these two options, the right answer depends on the circumstances and conduct of the parties in each case.

Tenancy at will or a periodic tenancy?

The leading case on the point is Javad v Aqil. In this case, A was allowed into occupation of business premises in anticipation of terms being agreed for a new ten-year lease. A occupied and paid rent on a quarterly basis before negotiations for the new lease broke down and J ordered him to leave.

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