Real Estate Matters Update — April 2014: avoid an unwanted periodic tenant
By Paul Henson
The recent decision of the Court of Appeal in Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd (2013) EWHC 2699 (Ch) has provided some welcome clarity in determining the legal status of tenants who remain in occupation once the term of a contracted-out lease expires.
It is often stated that on the expiry of the term of a lease and ‘without more’, the payment and acceptance of rent will create an implied periodic tenancy. In order to avoid such an implication, landlords are well advised to immediately initiate a rent stop against the tenant’s account. The alternative (and preferable) position for a landlord is for the tenant to occupy under an express or implied tenancy at will, which is terminable without prior notice.
Periodic tenancies are particularly unwelcome for commercial landlords as occupiers ‘for business purposes’ may also acquire the statutory protection of the Landlord and Tenant Act 1954. This may create additional difficulties in relation to terminating the occupancy, which must then be undertaken in accordance with the act…
Click on the link below to read the rest of the Collyer Bristow briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Collyer Bristow
News from The Lawyer
Briefings from Collyer Bristow
The judgment represents a turning point in the phone-hacking litigation, says Collyer Bristow’s Steven Heffer
Interim ‘relief’ (or ‘measures’) cover a variety of different orders that may be made pending the outcome of an arbitration. Whether such measures are available depends on a number of factors.