Tenancy at Will meaning

This checklist sets out a non-exhaustive range of matters to weigh up before using the commercial rent arrears recovery (CRAR) procedure to recover rent arrears. Initial considerations Confirm the premises are solely commercial and the lease prohibits any residential use. CRAR cannot be applied where the premises are residential or mixed-use, or where residential occupation is permitted, even if no-one is actually living there. Ensure occupation is evidenced in writing, for example by a lease or a tenancy at will. Verify there is a right to exercise CRAR. An immediate landlord may exercise CRAR, as can other parties such as an LPA or court-appointed Receiver. See Practice Note: Commercial rent arrears recovery (CRAR)—Who can exercise CRAR? Consider whether the landlord might later wish to forfeit the lease, since exercising CRAR will waive any existing right to forfeit. Check the tenant is not subject to any insolvency regime that may prevent CRAR being exercised...

This Checklist outlines a non-exhaustive set of points to assess when a landlord gives notice under section 13 of the Housing Act 1988 (HA 1988) to change the rent payable under an assured periodic tenancy in the private rental sector from 1 May 2026 onwards... Initial considerations Verify the tenancy is an assured tenancy (AT) under HA 1988. Ensure the AT criteria are met and none of the exclusions apply (for example, tenancies granted by local authorities, business tenancies or holiday lets). See Practice Note: Private sector assured tenancies-granting-Criteria for an AT Confirm that more than 52 weeks have passed since the date the first period of the AT began, or since any previous rent determination took effect. The landlord cannot begin the process to alter the rent until after this timeframe Check whether a notice under HA 1988, s 13 to change the rent was served before 1 May 2026. If so, the transitional provisions under the Renters’ Rights Act 2025 (RRA 2025)...

Checklist This Checklist outlines how to serve notices to quit aimed at preventing tacit relocation in commercial leases in Scotland. It covers: Who may serve a notice to quit; When it must be given; and How service should be effected. It does not address notices to quit for residential or agricultural property, nor does it cover the particular protection afforded to shop tenants under the Tenancy of Shops (Scotland) Act 1949 (see Practice Note: Protection for shop tenants), which are outside the scope of this Checklist and are not considered here. In Scotland, the principle of tacit relocation provides that a commercial lease will not end on the stated contractual expiry date but will continue, unless one of the parties serves a notice to quit in good time to bring it to an end at that date and then follows through by acting on the notice, or the tenant separately confirms it will vacate on the specified termination date. The notice...

Checklist This Checklist applies when acquiring a long leasehold interest carrying a capital value, rather than a shorter tenancy at an open market rent, which is unlikely to attract any capital value. A purchaser’s solicitor should examine the landlord’s right to forfeit the lease, as in some situations particular forfeiture clauses can render a lease unacceptable as security to a lender and, in turn, unsuitable for purchase. Could the landlord exercise forfeiture upon the tenant’s insolvency? Where the landlord holds a right to forfeit on a tenant insolvency event, the property will not be acceptable security to a lender and is therefore inappropriate as an investment acquisition. Consequently, such a lease is neither appropriate for lending purposes nor for any purchase...

In this issue: Key developments and horizon scanning Disputes and remedies Trespass and adverse possession Contractual issues Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Key developments and horizon scanning Key developments and horizon scanning MHCLG announces implementation timeline for Renters' Rights Act 2025 The Ministry of Housing, Communities and Local Government (MHCLG) has issued the complete implementation roadmap for the Renters’ Rights Act 2025, confirming the schedule for the most far‑reaching reform of residential tenants’ rights in a generation. The government has outlined a staged approach to roll out the reforms, starting with the repeal of Section 21 ‘no‑fault’ evictions on 1 May 2026. From that day, every new and current tenancy in England’s private rented market will switch to assured periodic tenancies, granting renters indefinite occupation and ending standard use of fixed‑term agreements. Landlords will,...

In this issue: Public procurement Children's social care Governance Social housing Social care Local government finance Healthcare Education Planning Daily and weekly news alerts New and updated content Public procurement Preparing for the Procurement Act 2023—new practical guidance On 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Any procurements starting on or after that date must follow PA 2023, while exercises launched under earlier public procurement legislation will continue to be run and managed under those provisions. For background reading, see Practice Notes: Public procurement reform and Introduction to the Procurement Act 2023—PA 2023. As the PA 2023 ‘go-live’ was deferred last year, government departments, public bodies and local authorities have been steadily preparing for the change, whilst still conducting their procurement activities under the existing rules. Under the transitional and saving provisions for PA 2023, both regimes will operate side by side, in...

In this issue: Leasing property Residential property Statutory compliance Easements, rights and covenants Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&A Leasing property Lease protected under 1954 Act—Code renewal application struck out In EE Ltd v Clocktower Investments [2025] Lexis Citation 2146, the First-tier Tribunal (FTT) considered whether the claimant’s (EE H3G) lease enjoyed protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954), or instead fell within Part 5 of the Electronic Communications Code (Schedule 3A to the Communications Act 2003) (the Code), as implemented by the Digital Economy Act 2017 (DEA 2017). The FTT concluded that: (i) the lease amounted to a tenancy encompassing premises occupied by the claimant for the purposes of its business...

This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that occupation is wholly or partly for business purposes and the letting is not within a class excluded from LTA 1954 protection ...

Variation of Will or intestacy after death—Q&As An instrument of variation can be used to alter how a deceased person’s estate is distributed under a Will or on intestacy. It is commonly executed by deed. To secure effectiveness—typically to obtain favourable inheritance tax (IHT) and capital gains tax (CGT) treatment under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)—certain formalities must be met. These include that the deed is in writing, contains the requisite statement applying the statutory provisions, is not made for any extraneous consideration, and is signed by all relevant parties, including the deceased’s personal representatives (PRs) where additional tax would otherwise arise. For guidance on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrangements. Compliance with these requirements will usually deliver the intended IHT and CGT position. The formalities for execution of variation should be followed accordingly. Precedent deed of variation...

Property Disputes (PD) This beginner’s guide sets out a primer on Property Disputes (PD). It is designed for trainee solicitors and practitioners encountering PD for the first time. The guide highlights the principal issues that commonly arise in PD and signposts other Lexis+® UK sources and materials offering fuller detail on the subjects covered. Newcomers to PD will also benefit from the Overviews within each PD subtopic. These provide a summary of every subtopic, with links to pertinent content inside that subtopic to aid navigation. For instance, see: Property insolvency—overview. The PD module further includes a Property Disputes introductory materials topic, containing links to training materials and “How to guides”, “Quick guides”, plus checklists and flowcharts. The PD module centres on property disputes in England and Wales, while a distinct subtopic focusses on Scottish property disputes (see: Property disputes in Scotland—overview). If a point is not addressed in this guide, use the PD practice area Topics tab or the Topics dropdown menu to explore additional content. This guide also...

I give my freehold house and land at [ insert full address of house and land ] [ and called [ insert house and land name(s) if relevant ] ] to my trustees, on trust that, if my [ spouse OR civil partner [ insert full name of spouse or civil partner ] ] wishes, they shall let on a yearly tenancy at £[ insert amount of rent ] per annum, without right to assign, sublet, or part with possession [ save furnished lettings up to [ insert period in months ] months yearly ], provided my [ spouse OR civil partner ] keeps the premises in good tenantable repair and insured against fire. While my [ spouse shall not marry or form a civil partnership OR civil partner shall not form another civil partnership or marry ] and complies, any notice to end the tenancy is ineffective unless signed by all trustees; but after the [ remarriage or forming of a civil partnership by my spouse OR forming of...

Introduction Prepare the claim form and particulars using Form LT503A. Landlords seeking an order for a fresh tenancy to be granted to the tenant must do so on Form LT503A. These drafting notes are intended solely to accompany Form LT503A. Relevant Precedents For other relevant Precedents, see: Directions—unopposed LTA 1954 business lease renewal Acknowledgement of service by tenant in unopposed claim by landlord for new tenancy Acknowledgement of service by landlord in unopposed claim by tenant for new tenancy General points Use these notes to help you complete Form LT503A, the claim form used when a landlord of commercial premises asks the court to grant the tenant a renewal lease. The Part 8 route applies; refer to the Practice Note on CPR Part 8 claims (the alternative procedure). Evidence is not required on issue unless directed by the court. You may start the claim at any County Court hearing centre; however, if the selected court does not cover...

Use these drafting notes when preparing a landlord’s section 25 notice that agrees to renewal under the Landlord and Tenant Act 1954 (LTA 1954). They are designed to assist in completing the prescribed ‘Form 1’ under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, SI 2004/1005, which is available here. It is sensible to serve the notice in duplicate and ask the recipient to endorse and return the duplicate to confirm receipt. General Under the LTA 1954, a business tenancy continues automatically after the original lease term ends. A ‘business tenancy’ arises where premises are occupied for the purposes of a trade or profession (see LTA 1954 business lease renewal—termination—Meaning of 'occupied for the purposes of business'), unless it falls within one of 17 categories excluded from the LTA 1954 (see: LTA 1954 business lease renewal—termination—Excluded tenancies), or where the occupation is merely as a licensee or tenant at will...

Lease or licence? In Street v Mountford, the House of Lords set out the core indicators of a tenancy. These focus on the substance of the arrangement rather than the label attached to it: exclusive possession of specified premises Although the payment of rent may suggest a tenancy, it is not essential. Whether the proposed arrangement is a lease or a licence turns on the agreement taken as a whole; where the parties in reality confer exclusive possession, that result cannot be avoided by calling the document something else. What counts is the essence of the bargain, not its outward form or chosen description. Even where the paperwork is properly framed at the outset as a true licence, the parties’ subsequent behaviour may alter the character of the arrangement so that a tenancy is later created. For further discussion, see Practice Note: Leases and licences of land—key features and differences, together with the commentary in Hill and Redman’s Division A from paragraph...

Assured shorthold tenancies An Assured Shorthold Tenancy (AST) is a form of assured tenancy that permits a landlord to rent out a dwelling, while still keeping the ability to recover possession of the property once the term finishes. This differs from regulated and other assured tenancies, where the occupier might have a right to remain in the home when the term ends. For further detail, see Practice Note: A summary of types of private residential tenancies, under the heading A summary of types of private residential tenancies—Assured shorthold tenancies. As to how an AST arises, the starting position is that any residential letting granted on or after 28 February 1997 will, by default, be an AST, unless the landlord has served a notice on the tenant confirming that the tenancy will not be an AST...

Section 26 tenant’s request for a new tenancy As you will be aware, a business tenancy can be brought to an end by serving a tenant’s request for a new tenancy under section 26 of the Landlord and Tenant Act 1954 (LTA 1954). The request must identify the date on which the new tenancy is to commence, and the current tenancy ends (subject to interim continuance under LTA 1954, s 64) immediately before the date stated in that notice. A section 26 notice is valid only if given by a tenant holding under: a term of years certain exceeding one year, whether or not continued under LTA 1954, s 24, or a tenancy granted for a term of years certain, and thereafter from year to year. The request must set a start date that is no less than six months and no more than 12 months from the date the request is made, with the new tenancy to commence, at the...