Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Tenancy at Will definition

What does Tenancy at Will mean? An arrangement allowing a person into possession of premises with the landlord’s consent for an indefinite period, on the express understanding that either party may terminate at any time and require possession. It is a common-law description, recognised in case law (for example Javad v Aqil; Barclays Wealth v Erimus Housing), rather than a term defined by statute. Key features: no fixed term; precarious and personal; typically used for early occupation pending completion or grant of a lease, or where a tenant holds over during renewal negotiations. Either party may end it by demand (the occupier is usually allowed...

Leases versus licences: substance over form—exclusive possession, certain term and statutory consequences (England and Wales)

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Practice notes

Leases and licences

This Practice Note examines the key characteristics of leases and licences, together with the approach adopted by the courts when determining whether an agreement or other occupation arrangement is a lease or a licence. As tenants often enjoy significant statutory protections compared with licensees, drawing the line between a lease and a licence is frequently critical.

Disputes and uncertainty regularly arise where the parties permit occupation of land or premises without properly and accurately recording their bargain in writing. Best practice is for the parties to enter into a written lease or licence that clearly and faithfully reflects the nature of the tenant’s or licensee’s occupation, and practical guidance on entering into licences, tenancies at will and other short term letting arrangements can be found in Practice Note: How to enter into short-term lettings and licences of commercial premises. In the absence of an agreement as to the terms of occupation, there is a risk that a periodic tenancy will arise. Further guidance on identifying a periodic tenancy—including in the context of a tenant taking early occupation during lease negotiations or remaining in occupation upon expiry of the lease term—is contained in Practice Note: Periodic tenancies...

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Web page updated on 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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