Q&As

Where a notice to determine a tenancy at will of business premises has been served, but the occupier has remained in occupation, can the landlord re-enter the premises to recover possession?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 18/06/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Where a notice to determine a tenancy at will of business premises has been served, but the occupier has remained in occupation, can the landlord re-enter the premises to recover possession?

Where a notice to determine a tenancy at will of business premises has been served, but the occupier has remained in occupation, can the landlord re-enter the premises to recover possession?

A tenancy at will may be determined at any time by the landlord (or tenant). No particular period, or form, of notice to determine must be given and clearly the tenancy will end on the date given by the terminating party (whether immediate or in the future). After that date, the tenant has no legal right to be present on the premises; the landlord has the right of possession.

Accordingly, if the former tenant remains in occupation, this is a trespass. Note that care should be taken not to accept money from such a former tenant so as to avoid the risk of creating a new tenancy (see Practice Notes: Using licences and tenancies at will, Periodic tenancies and Implied tenancies at will—holding over after expiry of a contracted-out lease or occupation before completion of a new lease).

If it is clear that the tenant is trespassing, a landlord can retake possession in one of two ways. Firstly, a landlord may physically re-enter the

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