Q&As

Will a periodic tenancy be regarded as monthly or quarterly where, the rent is demanded on a quarterly basis, in accordance with the expired lease, but is paid on a monthly basis?

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Produced in partnership with Christi Scarborough of 42 Bedford Row
Published on LexisPSL on 09/09/2016

The following Property Disputes Q&A produced in partnership with Christi Scarborough of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • Will a periodic tenancy be regarded as monthly or quarterly where, the rent is demanded on a quarterly basis, in accordance with the expired lease, but is paid on a monthly basis?
  • General principles
  • Landlord and Tenant Act 1954, Part 2
  • Assured (including Assured Shorthold) Tenancies
  • Tenancies at will
  • Express agreement

Will a periodic tenancy be regarded as monthly or quarterly where, the rent is demanded on a quarterly basis, in accordance with the expired lease, but is paid on a monthly basis?

A periodic tenancy may be created by express agreement or by inference from the actions of the parties (Ladies' Hosiery and Underwear Ltd v Parker). It is a question of fact as to whether the terms of a periodic tenancy of a tenant holding over are the same as those of the expired lease (Wedd v Porter).

The answer to this Q&A may therefore depend both upon the circumstances under which the periodic tenancy arose, and also upon any other evidence of agreement between the parties as to the intended nature of the periodic arrangement, either before or during the course of the periodic tenancy.

General principles

In the absence of any express agreement between the parties, the period of the tenancy is taken to be the period by reference to which the rent has been calculated. In the case where a tenant is holding over, and payments are made under the same terms as the original lease, this would be by reference to the rent agreed under the original lease (Adler v Blackman).

It is worth noting that it is possible for the period of the tenancy and the period

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