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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25424
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have a Tenancy at will on a commercial let can you tell

Resolved Question:

We have a Tenancy at will on a commercial let can you tell me what notice i need to give and be given?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you have a written tenancy at will agreement and if so is there any length of notice provided for in the document please?
Customer: replied 2 years ago.

The Tenancy at will has not terms for leaving and we have paid the rent on Invoice up until 26th June but they say i must sign the new one to start 1st May and pay extra rent which i do not want to do i want to leave in June.

Expert:  Joshua replied 2 years ago.
Thank you. How long have you occupied the premises under a tenancy at will?Have you been negotiating for a full lease during any part of that period?Do you occupy the premises exclusively or do you share occupation with the landlord?
Customer: replied 2 years ago.

We do have a tenancy at will now but they want to up the price by 68% they do not want a full lease at all and we do occupy it exclusively.

Expert:  Joshua replied 2 years ago.
Thank you. How long have you been occupying the premises under a tenancy at will?Have you been negotiating for a full lease during any part of that period?
Customer: replied 2 years ago.

We had a full lease for 18 months then a at will one they want to develop the site and so only want at will tenancies and we have had the old at will for about 20 months

Expert:  Joshua replied 2 years ago.
Thank you. the simple answer to your question is that a tenancy at will does not provide for any minimum period of notice and the landlord can give you notice summarily to vacate (i.e. without any minimum notice) unless you agreement provides for a minimum notice period which most do not. However, just because you have signed a document that claims to be a tenancy at will, does not mean that you are occupying the property under a tenancy at will. A tenancy at will is designed to provide for short-term occupation normally during any period where a tenant and landlord negotiating for a for lease. It is not designed to be used as a permanent basis or medium term basis of occupation where no lease negotiations are ongoing. In such circumstances, the courts will be ready to imply that you hold a full periodic tenancy with security of tenure providing you occupy the property or premises exclusively and paying a full market rent and can demonstrate that you have not been actively negotiating a new lease with the landlord during much of your period of occupation. It is likely that the landlord would challenge any such claim on your part and that you would need a solicitor to assist you in establishing your claim. In addition if you have been in occupation for a period of 12 months you may have security of tenure due to a contravention by the landlord of s43 of the Landlord and Tenant Act. accordingly, based upon what you say, you would appear to have grounds to potentially claim that you hold an implied periodic lease with security of tenure under part two of the landlord and tenant act and are therefore entitled to 6 months notice from the landlord to vacate and can seek a new lease from the court if the landlord seeks to remove you. You will need to retain a commercial property solicitor to look at your circumstances in detail and to represent you if you wish to make such a claim. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 2 years ago.
Have I been able to help you with all your questions on the above?
Customer: replied 2 years ago.

Hi Joshua

I think i am going to give notice up until the date i have already paid the rent which is June 23rd i am hoping this will mean that they can not come back at us with anything else.

Thank you for your help

Expert:  Joshua replied 2 years ago.
A pleasure. I hope youare able to resolve the situation satisfactorily.
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