UK Developers / Landlords – Always avoid the uncertainty of undocumented occupancy – Landlord and Tenant – Leases

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We’ll paint a scene for you: a multi-tenant building is ripe for redevelopment and the developer/landlord is working to secure possession from the various parties and end any rights that would interfere with the development. He knows a tenant has a lease, taken under the Landlords and Tenants Act 1954 (the 1954 Act) to ensure that it would expire on the proposed block date for the building without any rights statutory renewal. But the project is experiencing delays and the owner wants to keep his revenue stream as long as possible. It deals with a short-term rental, with the option for the landlord to terminate when ready. But these negotiations are stalling. The lease ends, the tenant remains in occupation by paying the same rent as the expired lease and the discussions do not resume with vigor.

Fast forward a year and the landlord is ready to repossess said tenant. Are they tenants at will? Are they periodic tenants? And what does it matter?

Matthew Bonye, ​​Frances Edwards and Shanna Davison from our property litigation team explore the risks of implied tenancies in light of the UK Court’s latest judgment (Valley View v NHS Property Services Ltd [2022] EWHC 1393).

Click here to read more.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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