Q&As

If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will it fall within the Landlord and Tenant Act 1954?

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Published on LexisPSL on 20/11/2018

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

  • If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will it fall within the Landlord and Tenant Act 1954?
  • True licence
  • Tenancy

If a licence is for a term exceeding six months or it is for a term of less than six months but with an option to renew for a further six months, will it fall within the Landlord and Tenant Act 1954?

True licence

Licences and tenancies at Will (Manfield & Sons Ltd v Botchin) are excluded from the Landlord and Tenant Act 1954 (LTA 1954). See:

  1. Commentary: Tenancies within the Act: Hill and Redman's Law of Landlord and Tenant [1]

  2. Commentary: Introduction: Claims to the Possession of Land [D1.3]

However, it should be considered whether or not there is a true licence in place, or whether it is in fact a lease. In summary, the court will determine whether an agreement

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