Q&As

My client was a tenant under a lease for a term of ten years that was contracted out. They have been in occupation for a further year since the lease should have expired. The landlord only began corresponding with my client with a view to formalising the current arrangement and negotiating terms of occupation eight months following the lease term expiration date. The rent was payable in advance, for a peppercorn (if demanded). No rent has been paid or demanded. Under LTA 1954, s 43(3) leases less than six months cannot have security of tenure. Can I infer that anything beyond six months automatically affords my client such security? What duration of occupation is required for a periodic tenancy to be established and for security of tenure to be afforded to my client who is holding over a contracted out lease?

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Published on LexisPSL on 24/08/2015

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

  • My client was a tenant under a lease for a term of ten years that was contracted out. They have been in occupation for a further year since the lease should have expired. The landlord only began corresponding with my client with a view to formalising the current arrangement and negotiating terms of occupation eight months following the lease term expiration date. The rent was payable in advance, for a peppercorn (if demanded). No rent has been paid or demanded. Under LTA 1954, s 43(3) leases less than six months cannot have security of tenure. Can I infer that anything beyond six months automatically affords my client such security? What duration of occupation is required for a periodic tenancy to be established and for security of tenure to be afforded to my client who is holding over a contracted out lease?
  • Business tenancy
  • Is the arrangement a licensee, tenancy at will or periodic tenancy?

My client was a tenant under a lease for a term of ten years that was contracted out. They have been in occupation for a further year since the lease should have expired. The landlord only began corresponding with my client with a view to formalising the current arrangement and negotiating terms of occupation eight months following the lease term expiration date. The rent was payable in advance, for a peppercorn (if demanded). No rent has been paid or demanded. Under LTA 1954, s 43(3) leases less than six months cannot have security of tenure. Can I infer that anything beyond six months automatically affords my client such security? What duration of occupation is required for a periodic tenancy to be established and for security of tenure to be afforded to my client who is holding over a contracted out lease?

Business tenancy

A business tenancy will arise where a property is occupied for the purposes of a trade of profession under s 23(2) of the Landlord and Tenant Act 1954 (LTA 1954), unless excluded by the provisions in s 43 LTA 1954, or where the occupations is as a licensee or tenant at will (see Business tenancies—overview for an introduction to this

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