Wragge Lawrence Graham & Co

Property update — January 2014: implied periodic tenancy

Implied periodic tenancy — one of the cases mentioned in Wragge & Co’s last property update — is heading to the Court of Appeal.

Last month, we reported on the decision in Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd. In that case, a housing association remained in occupation of office premises for almost three years beyond the contractual expiry date of its lease. Because the lease had been ‘contracted out’ of the landlord and Tenant Act 1954, the tenant had no statutory right to remain in the premises beyond the contractual expiry date.

The question was, therefore, on what basis did the tenant occupy the premises when it stayed on? On the particular facts, the judge held that an implied annual periodic tenancy had arisen between the parties…

If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.  

Briefings from Wragge Lawrence Graham & Co

View more briefings from Wragge Lawrence Graham & Co

Analysis from The Lawyer

  • Paul Wilson

    Regional: attempted merger

    Alliances, failed and successful, are the story of the year outside London

  • Belinda Bradberry

    Interior designs

    Polish up your retention policy - private practice lawyers are increasingly eyeing in-house roles

View more analysis from The Lawyer


2 Snowhill
B4 6WR