Licences, tenancies at will and periodic tenancies

View Property Disputes by content type:

Practice notes

Precedents

Q&As

News

Latest Property Disputes News

PizzaExpress—Part 26A restructuring plan sanction hearing

The following Banking & Finance news provides comprehensive and up to date legal information on PizzaExpress—Part 26A restructuring plan sanction hearing

HMRC’s new preferential creditor status—impact on insolvency practitioners

The following Banking & Finance news provides comprehensive and up to date legal information on HMRC’s new preferential creditor status—impact on insolvency practitioners

Corporate Insolvency and Governance Bill—a view from the restructuring and insolvency profession

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—a view from the restructuring and insolvency profession

The practice of filing a notice of intention (JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd)

The following Banking & Finance news provides comprehensive and up to date legal information on The practice of filing a notice of intention (JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd)

Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Licences, tenancies at will and periodic tenancies content

Q&As

Is an oral agreement where someone occupies property and the only term agreed was that rent was £600 per month a tenancy at will? If so, can the landlord evict the tenant immediately?

A tenancy at will is a flexible, personal arrangement between a landlord and an occupier which may or may not be in writing, and which is often used...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 22nd Jan

Q&As

Is it possible to follow the contracting out procedure under the Landlord and Tenant Act 1954 before entering into a licence to occupy commercial land as a fall-back position in the event that the licence was held to be a tenancy, without derogating from the primary position of the occupation being a licence?

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure in respect of business tenancies that fall within its provisions....

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

As part of a business sale, a company is assigning properties. One appears to have been occupied by way of periodic tenancy for 14 years, the company paying a monthly rent. The landlord produced a draft lease about ten years ago but this did not progress. How does the company assign the periodic tenancy to its buyer and on what basis will landlord’s consent be given or refused? What terms are likely to be implied in the periodic tenancy in respect of assignment?

A lease for a term exceeding three years must be in writing and be granted by deed for it to take effect as a legal interest. A failure to comply with...

22nd Jan

Q&As

A tenant went into occupation of nursery school premises while lease negotiations were ongoing, but these were never concluded. Rent has been demanded and accepted, although the tenant has failed to make payment for a number of months. Will the tenant have security of tenure under Landlord and Tenant Act 1954 and if so, will the landlord be able to recover possession by serving a notice opposing the grant of a new tenancy?

Where, before a tenancy is granted (or a tenancy has come to an end), the putative tenant goes into occupation and pays rent (or the former tenant...

Produced in partnership with Desmond Kilcoyne 22nd Jan

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?

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...

Produced in partnership with Kate Andrews of Hamlins 22nd Jan

Q&As

What is the process for recovery of possession from a commercial licencee who occupies land pursuant to a six month licence which has now expired but remains in occupation?

We have assumed for the purpose of this Q&A that the question relates to a six month contractual licence of a commercial property.A contractual...

22nd Jan

Q&As

I have a client who owns two flats which he leased to a social landlord, who sublet the premises to homeless persons on weekly licenses. The lease had a six-month termination clause. The social landlord has emailed the client to rescind the lease with immediate effect and ceased trading although has not yet gone into liquidation. The keys were returned. My client entered new weekly licenses with the occupant of one of the flats. My client has now served a seven-day notice to quit on the occupant of the other flat and wants possession as soon as possible. Before the social landlord contacted my client, they served a 28-day notice to quit on the occupant. Has the lease been surrendered by operation of law? Is my client able to rely on the notice to quit served by the social landlord, instead of waiting a further 28 days for a new notice to be served?

What is the status of occupation of the licensees and how can their interest be terminated?LicenseeIt should be considered whether or not the...

22nd Jan

Q&As

What is the procedure for terminating a ‘let’ of a storage container where no lease was put in place?

Lets of residential accommodation are largely regulated by statute (for example, assured and assured shorthold tenancies are regulated by the Housing...

Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan

Q&As

What is the procedure to recover possession against a licensee (no rent has been paid), eg under Part 55? Do they differ where the licensee is a family member who entered into possession by consent?

What is the nature of the occupation?It should be considered whether or not there is a true licence in place, or whether it is in fact a lease. The...

22nd Jan

Q&As

A tenant is in occupation under an implied tenancy at will with no previous written lease. Are there any implied terms in a commercial periodic tenancy in respect of the tenant’s obligation to repair and reinstate the premises? Is the position the same where the occupier has acquired a periodic tenancy?

A tenancy at will is a precarious right to occupy land. It can arise by implication where the parties have not expressly agreed that there should be a...

22nd Jan

Q&As

Where a mother and father allow their child and the child’s friends to have exclusive possession of an outbuilding for business use, and there is an agreement to pay a monthly rent (albeit no rent is paid), what interest is likely to be created and how can it be terminated? In particular, if there is a lease, is forfeiture available or must the landlord serve a notice under section 25 of the Landlord and Tenant Act 1954?

Nature of occupationIt is important to distinguish between a lease (ie a tenancy) and a licence. A lease gives rise to a relationship of landlord and...

22nd Jan

Q&As

If, as a term of a service level agreement (SLA), one party allows the other to occupy property in order to deliver the service, will an energy performance certificate be required in respect of that property and is a separate licence or lease required in addition to the SLA?

A service level agreement (SLA) is usually used where a company or individual is to provide some form of IT, telephone or similar support service....

22nd Jan

Q&As

Some years ago, a landowner agreed to rent a room in their office to a public body. A formal lease was not entered into and the occupier has never paid rent. They have exclusive occupation of the room which is locked at all time due to the nature of the occupier. They have shared use of toilets/kitchen and accessways. Can the landowner now claim for rent for the period from the commencement of their occupation onwards?

In this scenario, it appears that what has been granted may well be a lease, assuming that the occupier has exclusive possession (which is stated to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

The contractual term of a three-year commercial lease has expired and the tenant has remained in occupation, paying rent on a quarterly basis. It is not known if the lease was inside or outside the security of tenure provisions of LTA 1954. How can the landlord recover possession or alternatively, increase the rent payable? Is the tenant able to serve any notice to determine the tenancy?

This Q&A considers whether a landlord can recover possession, or increase the rent payable upon expiry of a commercial lease. It also considers...

Produced in partnership with David Sharpe of 12 King's Bench Walk Chambers 22nd Jan

Q&As

A landowner granted a farmer a grazing licence in 2013 for one month. Since expiry of the licence, the farmer has remained in occupation and no rent has been paid during his period of 'holdover'. There have been no active negotiations for a new licence or tenancy. Could the farmer claim an annual periodic tenancy even though no rent has been paid?

We have assumed for the purposes of this Q&A that the holding subject to the grazing licence was not used for grazing horses. For the particular...

22nd Jan

Q&As

Which factors would suggest that the occupation of a residential property is by way of a tenancy rather than a licence?

Case studyParty A, who owns and resides in a house, enters into a document called a 'licence agreement for lodger' with party B, which allows B to...

Produced in partnership with Kate Andrews of Hamlins 22nd Jan

Q&As

Where a contractual term of a commercial lease came to an end ten years ago and it is not known whether the lease was contracted out or not and the tenants have continued to occupy and trade from the premises, and are now in arrears, what steps should the landlord take to terminate and take possession of the premises?

In the case of the business tenancy which has not been contracted out, the landlord may rely on the express forfeiture clause. This is because section...

22nd Jan

Q&As

If a landowner allows squatters a short period of time to vacate before issuing possession proceedings does this create a licence or tenancy, and if so how should that licence or tenancy be terminated?

In regard to the procedure for removal of the trespassers, assuming that they have not at any point had permission to be on the land (ie they are not...

22nd Jan

Q&As

A company is in occupation of business premises. In 2013, terms were agreed for a protected business lease of the premises but the lease wasn't executed. Nevertheless the company took up occupation in January 2014 and has remained in the premises since. It has spent money investing in the property. No rent has ever been demanded or accepted. The company has tried to pay rent but to no avail and the landlord's solicitors have been notified that a specific rent account had been set up by the company for payment of rent when demanded. The landlord's solicitors had indicated they did not consider the company to have a tenancy of the premises as rent had never been paid. By virtue of remaining in the premises, has the company acquired a protected business tenancy on the terms intended by the parties as set out in the final draft lease? Failing that, has the company acquired a tenancy at will? The landlord's solicitors have served a notice seeking information pursuant to the LTA 1954, s40.

Is the arrangement a tenancy at will or Landlord and Tenant Act 1954 protected periodic tenancy?The case law is a little inconsistent in this area and...

22nd Jan

Q&As

When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?

A contractual licence to occupy is a personal contractual agreement allowing the licensee to occupy premises on a non-exclusive basis, usually for a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan