Common law tenancies: scope, termination, notices to quit and possession under PEA 1977 and CPR 55 (England and Wales)

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Practice notes

Common law tenancies

Common law tenancies are lettings that sit outside any statutory security of tenure regimes. Examples include:

for residential property, the Rent Act 1977, Housing Act 1985 or Housing Act 1988 (see Practice Note: A summary of types of private residential tenancies and Social sector tenancies—overview)
for commercial property, the Landlord and Tenant Act 1954 (LTA 1954) (see Practice Note: LTA 1954 business lease renewal—termination)
for agricultural property, the Agricultural Tenancies Act 1995 (see: Agricultural holdings—overview)

Under a common law tenancy, the parties’ rights and obligations flow from the terms they have agreed, whether expressly stated or implied. After a common law tenancy expires, and particularly where the LTA 1954 has been contracted out, caution is needed if a tenant is permitted to remain in occupation whilst negotiations proceed for the grant of a new...

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Web page updated on 21/05/2026

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