Q&As

Where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments, does the tenant occupy on a periodic lease? What notice period should be given and is it too late to give notice where the anniversary of the lease term end date is in January? Can the lease be terminated instead by agreement by a deed of surrender and if so, are there any specific precautions which should be taken?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 08/01/2018

The following Property Disputes Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • Where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments, does the tenant occupy on a periodic lease? What notice period should be given and is it too late to give notice where the anniversary of the lease term end date is in January? Can the lease be terminated instead by agreement by a deed of surrender and if so, are there any specific precautions which should be taken?
  • Business tenancies
  • Does the tenant occupy on a periodic lease?
  • What notice period should be given?
  • Is it too late to give notice where the anniversary of the lease term end date is in January 2018?
  • Can the lease be terminated instead by agreement or by a deed of surrender?
  • Are there any specific precautions which should be taken?
  • The advance notice procedure
  • The statutory declaration procedure
  • The original lease was contracted out of the LTA 1954

Where the contractual term of a business lease has expired but the tenant has continued to occupy and pay the yearly rent in quarterly instalments, does the tenant occupy on a periodic lease? What notice period should be given and is it too late to give notice where the anniversary of the lease term end date is in January? Can the lease be terminated instead by agreement by a deed of surrender and if so, are there any specific precautions which should be taken?

For the purposes of this Q&A, we have assumed that this is a lease to which the Landlord and Tenant Act 1954 (LTA 1954) applies, that the lease has not been contracted out of the provisions of LTA 1954. If the lease is contracted out of the provisions of LTA 1954 then the answer to this question would be different (ie rather than being a statutory continuation tenancy within LTA 1954, there would be a periodic tenancy within LTA 1954, in respect of which the notice procedure will be different—we have covered this briefly in the final section below). We have also assumed that the contractual expiry date of the lease was in January 2017.

We have limited this answer to cover the procedure under a lease protected by LTA 1954.

Business tenancies

As the tenant continues to occupy and pay the yearly rent,

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