Q&As

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 15/04/2019

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?

In this scenario, it appears that what has been granted may well be a lease, assuming that the occupier has exclusive possession (which is stated to be the case) for a term. Such a tenancy may be a

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