Tenancy at will in UK Law
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Javad v Mohammed Aqil
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They are contrary both to principle and to authority. I shall consider first the position in principle. A tenancy, or lease, is an interest in land. With exceptions immaterial for present purposes, a tenancy springs from a consensual arrangement between two parties: one person grants to another the right to possession of land for a lesser term than he, the grantor, has in the land. The extent of the right thus granted and accepted depends primarily upon the intention of the parties.
As with other consensually-based arrangements, parties frequently proceed with an arrangement whereby one person takes possession of another's land for payment without having agreed or directed their minds to one or more fundamental aspects of their transaction. In such cases the law, where appropriate, has to step in and fill the gaps in a way which is sensible and reasonable.
They cannot sensibly be taken to have agreed that he shall have a periodic tenancy, with all the consequences flowing from that, at a time when they are still not agreed about the terms on which the prospective tenant shall have possession under the proposed lease, and when he has been permitted to go into possession or remain in possession merely as an interim measure in the expectation that all will be regulated and regularised in due course when terms are agreed and a formal lease granted.
Of course, when one party permits another to enter or remain upon his land on payment of a sum of money, and that other has no statutory entitlement to be there, almost inevitably there will be some consensual relationship between them. It may be no more than a licence determinable at any time, or a tenancy at will.
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Wheeler v Mercer
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Hammersmith and Fulham London Borough Council v Monk
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The action of giving notice to determine a periodic tenancy is in form positive; but both on authority and on the principle so aptly summed up in the pithy Scottish phrase "tacit relocation" the substance of the matter is that it is by his omission to give notice of termination that each party signifies the necessary positive assent to the extension of the term for a further period.
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Ramnarace v Lutchman
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Generally speaking, adverse possession is possession which is inconsistent with and in denial of the title of the true owner. Possession is not normally adverse if it is enjoyed by a lawful title or with the consent of the true owner.
- Defective Premises Act 1972
- Land Registration (Scotland) Act 1979
- Agricultural Tenancies Act 1995
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Ground Game Act 1880
... ... and take ground game on any land is vested by lease, contract of tenancy, or other contract bon fide made for valuable consideration in some person ... purposes of this Act, a tenancy from year to year, or a tenancy at will, shall be deemed to determine at the time when such tenancy would by law ... ...
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Renovations in lieu of rent in Spanish tenancy law
Purpose: In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the so-called renova...... ... 17.5 LAU, that the tenancy will be for housing purposesand will have a duration of one year. The tenant is obliged to perform renovation work for a totalvalue of 3,500e, as well as ... ...
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Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
... ... unwilling joint lessee, and ask itself whether the continuance of the tenancy should be forced on him against his will. As the recalcitrant lessee here was a company controlled by the landlord, it was inconceivable that the terms of the ... ...
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Checklist to Decide on the Relevant Legislation Applicable to a Tenancy
... ... Section 4 of the 1995 Act as amended by the Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 provides that the 1986 Act will apply to: ... (1) tenancies beginning before 1 September 1995; (2) statutory succession tenancies to the above where two successions have not ... ...
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NOTES OF CASES
... ... For one thing. it will likely resolve the uncertainty in Canada surrounding the ... to grant a subtenancy on terms that it was to be a tenancy at will only. The defendants were interested in accepting such ... ...
- Battle Of The Tenancies: Tenancy At Will v Periodic Tenancy
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Periodic Tenancies and Proprietary Estoppel: Not all smoke and mirrors
In Smoke Club Ltd and others v Network Rail Infrastructure Limited, the Upper Tribunal held that the claimants had an inferred periodic tenancy but no claim under proprietary estoppel. A lease of a...... ... Upper Tribunal held that the claimants had an inferred periodic tenancy but no claim under proprietary estoppel. A lease of any kind was never ... and the tenants were clear that they would not accept a tenancy at will ... Background ... The case concerned an arch beneath London Bridge ... ...
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The Law Commission Review Of Business Tenancy Security Of Tenure
... ... security of tenure. S.24 of the Act protects a tenant by providing ... that their existing tenancy will continue unless terminated in ... accordance with the Act. A tenant is given the right to renew ... through service of a statutory notice either from ... ...
- Tenancy Deposits Clarified
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Application to the tribunal for determination of a rent under an assured shorthold tenancy
Forms relating to rent applications.... ... If you cannot access email or find someone to assist you in lodging your application by email, then a paper application will be acceptable although there may be a delay in dealing with this. Sending an application on paper will not be suitable in urgent cases ... ... ...
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Claim for demotion of tenancy / suspension of right to buy
County Court forms including the N1 money claim form.... ... in relation to the tenancy of: ... which is a residential property. Full particulars of the claim are attached ... This claim will be heard on: 20 ... At the hearing the court will consider: ... • whether you have or a person residing in or visting the property has, ... ...
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Defence form (Demotion of tenancy) (Suspension of right to buy)
County Court forms including the N1 money claim form.
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Application referring a notice proposing different terms for a Statutory Periodic Tenancy to the Tribunal
Forms relating to rent applications.... ... If you cannot access email or find someone to assist you in lodging your application by email, then a paper application will be acceptable although there may be a delay in dealing with this. Sending an application on paper will not be suitable in urgent cases ... ... ...