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

Sign in

Register

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

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

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.

Briefings from Collyer Bristow

View more briefings from Collyer Bristow

Analysis from The Lawyer

Overview

4 Bedford Row
London
WC1R 4TF
UK

Turnover (£m): 14.90
No. of lawyers: 56