Q&As

What options are available to a landlord to gain vacant possession of a property (a hut in a park) occupied pursuant to a trade agreement permitting the sale of ice cream in a park? The agreement does not deal with occupation of any premises, but the tenant has been exclusively occupying a hut for the purpose and pays a trading fee of £700 per month. Is this an implied periodic tenancy?

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Published on LexisPSL on 07/08/2019

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

  • What options are available to a landlord to gain vacant possession of a property (a hut in a park) occupied pursuant to a trade agreement permitting the sale of ice cream in a park? The agreement does not deal with occupation of any premises, but the tenant has been exclusively occupying a hut for the purpose and pays a trading fee of £700 per month. Is this an implied periodic tenancy?
  • Licence or tenancy
  • Tenancy

What options are available to a landlord to gain vacant possession of a property (a hut in a park) occupied pursuant to a trade agreement permitting the sale of ice cream in a park? The agreement does not deal with occupation of any premises, but the tenant has been exclusively occupying a hut for the purpose and pays a trading fee of £700 per month. Is this an implied periodic tenancy?

Licence or tenancy

Consideration may need to be given to whether or not occupation of the hut could be implied into the trade agreement. However, this would seem unlikely on the basis of existing case law, ie as Lord Neuberger acknowledged in Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd, a term should not be implied into a detailed commercial contract merely because it appeared fair or merely because one considers that the parties would have agreed it if it had been suggested to them. They were necessary but not sufficient considerations. A term would only be implied if, without it, the contract would lack commercial or practical coherence. For further information, see Practice Note: Contract interpretation—terms implied by fact.

In any event, whether implied into the trade agreement or separate to it (whether under an oral or implied agreement supplementary or separate to the terms of the trade agreement) consideration

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