Q&As

What are the terms of an implied periodic tenancy that has arisen after the expiry of a Landlord and Tenant Act 1954 excluded tenancy? Is the landlord entitled to serve a schedule of dilapidations?

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Published on LexisPSL on 22/09/2020

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

  • What are the terms of an implied periodic tenancy that has arisen after the expiry of a Landlord and Tenant Act 1954 excluded tenancy? Is the landlord entitled to serve a schedule of dilapidations?

What are the terms of an implied periodic tenancy that has arisen after the expiry of a Landlord and Tenant Act 1954 excluded tenancy? Is the landlord entitled to serve a dilapidations'>schedule of dilapidations?

For the purpose of this Q&A we have assumed that an implied Landlord and Tenant Act 1954 protected tenancy has arisen following expiry of a contracted out lease.

The case law in respect of the terms of an implied periodic lease which arises when a tenant holds over is in the context of yearly tenancies and provides that a tenant who holds over after the expiration of the term and pays rent in circumstances where the court implies the grant of a yearly tenancy will, in the absence of facts pointing to a contrary conclusion, be held impliedly to have agreed to hold as tenant from year to year upon such terms of the old lease as are applicable to such a tenancy. The applicable terms are not confined to those necessarily incident to a yearly tenancy, but include those terms which may be incident to such a tenancy. Certain terms are regarded as inconsistent with the nature of a yearly tenancy and they will not govern an implied yearly tenancy, for example a covenant to paint every three years, a provision for two years’ notice to quit and an option to purchase

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