Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Property update — November–December 2013: landlord and tenant

Here is another case involving a tenant who stayed on in commercial premises after a ‘contracted-out’ lease had expired. But, unusually, it was the tenant who got caught out by the consequences.

Despite its title, Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd is not a housing case. The demised premises were used by the housing association as its head office. The tenancy created by the lease had been ‘contracted out’ of the Landlord and Tenant Act 1954, meaning that the tenant had no statutory right to remain in the premises beyond the contractual expiry date.

When the tenant did stay on in occupation — for almost three years — the court was asked to rule on the basis of the tenant’s occupation…

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