Property update — January 2014: implied periodic tenancy

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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…

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